760012_ENFORCEMENT_20171231

Wayne L. Buttke—AWB#22101
RECOMMENDATION
FOR
DISCIPLINARY ACTION
First of all, I'd like to express my appreciation to Chairman Rawls, and to
members
Commission for hearing this case and for the opportunity to present our
justification.
Through the following series of photos, data, and factual information, I
plan to show that the violations associated with animal waste application
at Buttke Dairy Enterprises were the result of inadequate supervision by
Wayne Buttke, Operator in Charge, and that disciplinary action against
Mr. Buttke is indeed warranted.
1

DISCUSSION POINTS
o Disciplinary Allegations
0 2007 Notice of Violation
0 2011 Civil Penalty Assessment
0 2012 Civil Penalty Assessment
o WSRO Recommendation
On behalf of the WSRO, I wish to outline the allegations agar st Mr.
Buttke through a chronological history of some of the allegations
waste application violations and then conclude with our
recommendation for disciplinary action.
2

DISCIPLINARY ALLEGATIONS
o Failure to use reasonable care or
judgment in the performance of duties.
o Failure to apply knowledge or ability in
performance of duties.
We believe that you will conclude, just as the Regional Office has, that
Wayne Buttke failed to exercise reasonable care, judgment or use of his
knowledge and ability in performing his duties as operator in charge.
3

BUTTKE ENTERPRISES
ORGANIZATIONAL CHART 2007
NoRh aide
Walker MITI Rd.
operated by
Arlin Buttke. 615/2007
Grassy Knob
Arlin Buttke
Wayne Farms employee
Owner/Permlttee Buttke applies waste
#76-12 OIC within 2-3' of a
FWalker
ide stream and a pond
ll Rd. Koopman In two fields.
and contracts OIC not resent.
d a Grassy Knobproopman. Farms
for land
application.
* Announced compliance inspection
Our case is based upon a long and repeated history of poor decisions regarding land
application of animal waste. To understand these decisions, however, it's first important to
understand where the permittee, OIC, and applicator fit within the hierarchy of Buttke Dairy
Enterprises.
This flow chart depicts the hierarchy as it existed in 2007
a The permittee then and now is Arlin Buttke, while the OIC was Wayne
Buttke, his brother.
This permit is unique in that it encompasses dairy parlors that are located on both sides of
the road. And there are waste ponds on each side of the road as well. These operations are
under one permit, however, because they utilize the same waste application fields and thus
operate under the same waste plan. Wayne Buttke, therefore, is the OIC for both operations.
In June of 2007, 1 performed an announced compliance inspection at Buttke Dairy
Enterprises. Towards the end of the inspection I told Wayne Buttke that I wanted to check
the application fields. He said to go ahead and to call him if I needed anything.
My review of the application fields found that animal waste had recently been applied to
within 2-3 feet of a stream AND a freshwater pond, in two different fields. The waste Wed -
come from Mr, Koopman's operation and was being applied by an employee of Grassy Knob
Farms out of Statesville. The employee performing the application was NOT a certified
applicator.
I called Mr. Wayne Buttke and he met me in the field.

2007 NOTICE OF VIOLATION
© Failure to abide by CAWMP and Permit
(application of animal waste closer than
25' to perennial waters).
© Show Cause Meeting is held.
o OIC (Wayne Buttke) provides written
response with several proposed
improvements to waste application.
The June 2007 event resulted in the Regional Office issuing an NOV for
failing to abide by the CAWMP and Permit.
We requested and held a Show Cause meeting with the OIC AND one of
the owners of Grassy Knob Farms because we had recently had problems
with the samepr�b<em on a different farm within the same county.
We discussed the problems that led to the violations and Mr. Buttke
proposed several improvements to their waste application procedures.
5

feel that everyone now has a clear
understanding of the plau."
"We then decided where
--- . the boundaries should be
before we start spreading;
and if there are any
M. creeks or running; water i
within the allotted
�, ..
distance."
`...1 have talked to the people that do the
actual spreading; of the manure. I have told
them how far to be from the roads,
waterways, pond, residence, and wells."
"...1 halve been on site more, and checked on the
placement where they are spreading;." j
`•I also have a now have a person to double check
on things when I'm not here,"
f"I plan mi staying; in close contact with the hauler, closer contac:Ihal
them then in previous times.,, `.I also told them to make sure
l their hired help knows the rules to get by."
Following the Show Cause Meeting, Mr. Buttke provided the above letter
as a response.
The WSRO felt that the issues that had led to the violations had been
corrected. And until 2011, it appeared that the land application problems
had been addressed.

BUTTKE ENTERPRISES
ORGAN IZATIONALCHART 2011
North side
Walker Mill Rd.
operated by
Arlin Buttke.
12/07/2011
Jake Pearson
Arlin Buttke Wayne
applies waste
Owner/Permlttee Buttke
in rain.
#76.12 01C
OIC not present.
South side Koopman
employs
Walker MITI Rd, Matthew
leased to and Pearson
operated by for land
Ard Koopman.
application.
This slide just shows that in December 2011, Arlin Buttke was still the
permittee and Wayne Buttke the OIC.
This time, Mr. Koopman asks Matthew Pearson to apply waste for his
operation. Mr. Pearson is NOT a certified applicator.
Mr. Pearson then haghis son, Jake, do the actual application on
December Th. Jake is not a certified applicator either.
7

On December 7, 2011 one of our Regional Office staff, Patrick Mitchell,
just happened to be in route between two previously scheduled
wastewater surface irrigation inspections when. he observed a
manure spreader traveling down the road in the rain.
He followed the manure spreader to a field located a short distance
away. The tractor operator began applying the manure in the rain.
The photos you see here.........
0

RNW-1
I was in the field in another county at the time, so Mr. Mitchell left me a
voice mail message concerning what he had observed. Right after leaving
me a message, he observed the tractor operator applying a second load
of manure to the same field, again in the rain
Mr. Mitchell was able to confirm that both loads of animal waste had
originated from Buttke Dairy Enterprises....specifically from Mr.
Koopman's side of the road.
Shortly following this, l was able to retrieve Mr. Mitchell's message and
called Wayne Buttke to inform him of the violation, to tell him to cease
and desist application, and to ask him to meet us on site.
E•J

Run-off of waste from
application occurring
during rain event.
Mr. Buttke said that he was not available so he sent a representative to
meet with us.
An earthen dam was constructed immediately and it appeared that no
waste reached surface waters.
10

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The application records also confirm the application of waste during a
rainfall event.
12

2011 CIVIL PENALTY ASSESSME
o Applying animal waste during a rain evei
o Application of waste onto land saturated
with water.
o Excessive ponding and run-off.
A Civil Penalty was assessed for
13

BUTTKE ENTERPRISES
ORGANIZATIONAL CHART 2012
North side
Walker MITI Rd.
127/2011
operated by Arlin
Jake Pearson
Buttke. "
applies waste
In rain.
Arlin Buttke Wayne
Owner/Permlttee Buttke
#78.12 olc
South side Koopman
11712012
Walker Mill Rd. employs
Matt Pearson
leased to and Matthew
misapplies
operated by Pearson
Ard Koopman. for land
' causing
application.
discharge.
OIC not present.
*North side is now leased to Ard Koopman.
Then only one month later, in January of this year, Mr. Koopman again
asked Matthew Pearson to apply waste from his operation.
As you see, Mr. Arlin Buttke is still the permittee and Wayne Buttke
continues as the only OIC for the combined operations.
Mr. Pearson then ha4hiis of eCCr� ,o,,, Matt, apply waste on January 7.
Matt is not a certified a�r�"/�nd in this instance, Matt was applying
onto a field in which he had never applied waste, using application
equipment that had never been used in this articular field.
1n G P-+ kkr. JiMf N" ,1Y1 o r I� r. b Utk1L'e' tr'(31 u5ewi5
This application event resulted In the discharge of approximately 400-500
gallons of waste into waters of the State.
Again, note that Wayne Buttke is not present at the time of the
application event. ,
f
O—L��
tj (
1 �00 r�� � 14

Uphill, looking down.
Bottom of slope.
The soil survey map for Randolph County states that the slope up here----
---is2-8%
while the slope at the bottom of the field ranges from 8-15% . This is
where the discharge occurred.
ooA-,e--
Please bwavme that the CAWMP states that animal waste is NOT to be
applied on land where the slope is greater than 10%.
15

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Per the permit, Mr. Wayne Buttke provided a written report to the regional Office.
20

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The application records indicate that the receiving crop was small grain silage. When I
questioned Wayne Buttke about this he stated that the upper half of the field was in
fescue while the rest was in small grain rye.
21

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2012 CIVIL PENALTY ASSESSME
o Discharging to waters of the State withoi
a permit and failure to operate as a non
discharge system.
o Failure to apply animal waste per CAWMI
o Failure to maintain buffer strips (waste
applied within 15' of surface water).
o Application of waste onto land saturated
with water.
o Show Cause Meeting held MR Rj"
The January 2012 application violations resulted in a Civil Penalty Assessment for
As in 2007, the Regional Office requested and held a Show Cause Meeting.
We concluded that the OIC, Mr. Wayne Buttke, had not properly managed and
supervised the daily operation and maintenance of the ENTIRE system as prescribed
by the permit.
Specifically, he had not been visiting and inspecting the animal waste management
system for the Koopman Dairies portion of the operation at a frequency sufficient to
ensure that animal waste was applied in accordance with the waste plan and the
permit.
In his absence,Wayne Buttke did not formally designated a person under his
supervision to inspect the land application site during the application of animal
waste.
23

WSRO RECOMMENDATION
o Failure to use reasonable care or
judgment in the performance of duties.
o Failure to apply knowledge or ability in
performance of duties.
o WSRO recommends two years
suspension of AW13#22101 certification.
Based on the information presented, it is clear that Mr. Wayne Buttke
consistently fails to properly use reasonable care and judgment in the
performance of his duties as an animal waste operator and as an
Operator in Charge.
Mr. Buttke also consistently fails to apply his knowledge and/or ability in
the performance of his duties.
The WSRO therefore, requests that his certification be suspended for a
period of two years.
24

Rosebrock, Melissa
From: Buffington, Beth
Sent: Tuesday, April 10, 2012 5:36 PM
To: - Rosebrock, Melissa
Subject: FW: WPCSOCC Meeting 4/13/2012
Melissa,
I'm not sure where this leaves us — hopefully ok. Jerry is back in the office tomorrow so one of us will get back with you
tomorrow.
I forgot to tell you — I've looked at your presentation several times and don't see anything I would change. Really nice
job. I sure hope we don't have to reschedule.
Beth
From: Crawley, Frank [mailto:fcra_wley(cbncdoj.govj
Sent: Tuesday, April 10, 2012 5:15 PM
To: Buffington, Beth
Subject: RE: WPCSOCC Meeting 4/13/2012
Beth, the letter specifically informed Mr. Burke in two places that the meeting will be held on April 13, 2012.
The reference to July 15, 2011 In the last sentence is clearly an error and, in light of the previous identification
of the correct meeting date, should not present a problem: The same is true for the misspelling in WASO;
what's important is the recommendation of a two year suspension. The W-S Reg. Office is clearly identified as
performing the inspection of his farm and is referred to as WSRO. As for the description of the duty that he
failed to perform properly, operate a type B animal waste management system, if another recognized way to
describe the system is to call it a residual land application process so there is no way it can be misunderstood
then the letter meets the notice requirement. If the two processes are materially different and he does not
have a residual land application process, then the letter fails to give him notice of the specific violation that
subjects him to discipline on his certification. If that's the case, a new notice letter will have to be sent and
the hearing rescheduled. From my limited knowledge of animal waste disposal I seem to think the cow
manure from the dry stack is land applied by the "honey" wagon. If that's what a type B waste management
system is then he has been notified of the particular basis of the violation. Call if this does not cover the
question. 919-716-6943 Frank
From: Buffington, Beth[mailto:[e-mail]]
Sent: Tuesday, April 10, 2012 3:24 PM
To: Crawley, Frank
Cc: Reid, Steve
Subject: WPCSOCC Meeting 4/13/2012
Frank,
The Commission is scheduled to hear a disciplinary case against Wayne Buttke, an animal waste management system
operator. There were several discrepancies in the letter that was sent to Mr. Buttke notifying him of the meeting. Since
Jerry and Paul are both out of town, I told the WSRO I'd try to find out if these errors will cause a problem and if there's
any action we can/need to take prior to the Commission meeting.

I've highlighted the errors — there are 2 on the first page and 1 on the second:
• 'Residuals Land Application Process' should read 'a Type B Animal Waste Management System"
• ' WARO'should read'WSRO'
• 'July 15, 2011' should read 'April 13, 2012'
Thanks for your help, Beth
-------------------------------------
Beth Buffington, Environmental Specialist
Technical Assistance & Certification Unit
NC Division of Water Quality
1618 Mail Service Center, Raleigh NC 27699-1618
Phone [phone], ext 313, Fax: [phone]
http:4/portal.ncdenr.org/web/wciladmin/tacu
-------------------------------------
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed
to third parties unless the content is exempt by statute or other regulation.

Rosebrock, Melissa
From:
Rawls, Paul
Sent:
Friday, March 30, 2012 7:55 AM
To:
Buffington, Beth
Cc:
Rosebrock, Melissa; Rimmer, ,ferry
Subject:
RE: WSRO AW Disciplinary Action
I hope this response helps
(({(({{(({({{({ Q.= Question from Beth })))]})))])]]]]})})]}})))]]]))])]}])
((((((((((((((( A.= Comment/Answer to Beth's procedural question )))])]))))))]])]])])]]))])]))])]))))
Q. The agenda says that Sherri will be presenting the case, but Melissa was planning on presenting it. Is that a problem?
A. No problem, l actually would like it better if the person doing the actual work does the presentation.
Q. The assessment for the last incident hasn't been signed yet. Does it need to be signed prior to the Commission
meeting?
A. No the assessment does not have to be finalized. You should however state the facts about violations not hearsay
about the case. That means stick to the facts about the violations and not whether or not a civil penalty will be assessed.
Only say that recommendations have been make for a CPA if that is the fact.
Q. Melissa asked about the protocol during the meeting. I told her that everyone would leave the meeting except for her
and others from WSRO, Mr. Buttke (if he attends), and perhaps me. I told her I thought staff would remain in the room
throughout the deliberation and decision. Is that correct? Does Mr. Buttke stay or wait elsewhere?
A. Beth you are correct.
*A motion will be made to go into ex. session, if approved then :
1. The Disp. Hearing is convened with WSRO staff (and other DWQ staff if present), Mr. Buttke and his people,
the AG Rufus Allen, Beth, Jerry and any central office staff (including Beth) that
"should" be there.
2. WsRO will give presentation outlining the facts and how they apply to the regs. (the commission may ask
questions) (Tip::: it is ok to read your package so that you stick to the facts.) (Mr. Buttke
3. Mr. Buttke (He has been given a copy of the WsRO package) and/or his rep. gives his story. (the commission
may ask questions)
4. 1 will ask the commission if there are any further questions.
5. The Commission (only the commission and the AG) will go into exc. session. (If necessary there may be
questions posed to the RO or the operator, for clarification).
6. Discussion
7 .1 will ask for a motion to reconvene, if passed
* The meeting will be reconvened.
If you need more let me know.
From: Buffington, Beth
Sent: Thursday, March 29, 2012 2:08 PM
To: Rawls, Paul
Cc: Rosebrock, Melissa
Subject: WSRO AW Disciplinary Action

Paul,
Melissa has some questions about Wayne Buttke's disciplinary case.
The agenda says that Sherri will be presenting the case, but Melissa was planning on presenting it. Is that a problem?
The assessment for the last incident hasn't been signed yet. Does it need to be signed prior to the Commission meeting?
Melissa asked about the protocol during the meeting. I told her that everyone would leave the meeting except for her
and others from WSRO, Mr. Buttke (if he attends), and perhaps me. I told her I thought staff would remain in the room
throughout the deliberation and decision. Is that correct? Does Mr. Buttke stay or wait elsewhere?
-------------------------------------
Beth Buffington, Environmental Specialist
Technical Assistance & Certification Unit
INC Division of Water Quality
1618 Mail Service Center, Raleigh INC 27699-1618
Phone [phone], ext 313, Fax; 919-733-1338
http:I 1 portal. ncdenr.orp,/web Iwg/ admin/ tacu
-------------------------------------
lrmail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed
to third parties unless the content is exempt by statute or other regulation.

NCDENR
North Carolina Department of Environment and Natural Resources
Water Pollution Control System Operators Certification Commission
Beverly Eaves Perdue
Paul E. Rawls
Dee Freeman
Governor
Chairman
Secretary
s RECEIVED
N.C. Dept. of ENR
i
March 26, 2012 MAR 2 8 2012;
CERTIFIED MAIL
Winston-Salem
Regipnal Office
RETURN RECEIPT REQUESTED
7009 0820 0000 2474 1800
Wayne L. Buttke
1878 Meadow Lake Lane
Sophia, NC 27350-8782
Subject: Notice of Recommendation for Disciplinary Action
Wayne L. Buttke
Animal Waste Management Certificate —AWB # 22101
Dear Mr. Buttke:
This letter is to notify you that the Water Pollution Control System Operators Certification Commission (WPCSOCC) will
consider a recommendation for disciplinary action against your Animal Waste Management Operator Certification AWB
# 22101 at the next scheduled WPCSOCC meeting on Friday, April 13, 2012. The meeting will be convened in the
Ground Floor Hearing Room of the Archdale Building at 512 North Salisbury Street, Raleigh, NC 21604 beginning at
10:00 am. This action is to be considered due to the results of an investigation by the staff of the Winston-Salem Regional
Office (WSRO) of the Division of Water Quality, Aquifer Protection Section. The recommendation is based upon
allegations that you failed to properly use reasonable care or judgment in the performance of your duties and failure to
apply your knowledge or ability in performance of your duties as OIC while operating`Residuals Land_Applicatiori`,
Process at Buttke Dairy Enterprises Farm Permit # AWC760012 where severe compliance issues were documented in
December 2011 and January 2012.
Title 15A NCAC Administrative Code, Chapter 8F, .0406 states that "The Certification Commission, in accordance with
the provisions of G.S. 150B and G.S. 90A-41, may suspend or revoke the certificate of a certified operator, or issue a
written reprimand to an operator if it finds that the operator... 2. Fails to exercise reasonable care, judgement, or use of
the operator's knowledge and ability in performance of the duties of an operator in charge." You were invited to and
attended a "Show Cause" meeting at the WSRO February 17, 2012 to discuss these issues. After the Show Cause meeting,
the WSRO staff determined that disciplinary action was warranted and requested that the WPCSOCC hear the case as
p re sentedland determine appropriate disciplinary action. The FWARO-recommends two years Suspension of your
AWB#22101 certification. The WPCSOCC will hear the information and determine the actual disciplinary action merited.
Please be advised that the final WPCSOCC decision in this matter may be different than that recommended by the
WSRO.
You will be given an opportunity to address these charges at the meeting on April 13, 2012. Also you have the right to
have a legal representative present if you so desire.
1618 Mail Service Center, Raleigh, North Carolina 27699-1618
Location: 219 East North Street, Raleigh, North Carolina 27601
Phone: [phone] FAX: [phone]
Internet: http:ffh2o.enr.state.nc.u!0acu
One
No hCarolina
atmra!!ff
An Equal Opportunity 1 AffrrnMve Action Employer

Wayne Buttke
March 26, 2012
Page 2 of 2
If you wish to submit a written statement to the WPCSOCC, prior to April 13, 2012 you should mail it immediately to:
Paul E. Rawls, WPCSOCC Chairman
Division of Water Quality
1618 Mail Service Center
Raleigh, NC 27699-1618
A map and directions for the meeting location are enclosed with this letter. Also enclosed is a copy of the
recommendation from the WSRO staff and the pertinent disciplinary rules.
If you have any questions or need clarification regarding this matter please do not hesitate to contact -Jerry Rimmer of our
staff at [phone] ext. 309. We ask that you inform Mr. Rimmer if you plan to attend the meeting an July 5,.20i.1�
Sincerely,
aul E. Rawls, Chairman
PER: JR/jr
Enclosures: Map and Directions to the Archdale Building, Raleigh, N.C.
Recommendation from the Winston-Salem Regional Office
Disciplinary rules
cc: DWQ- Technical Assistance and Certification Unit
Winston-Salem Regional Office -Aquifer Protection Section
WPCSOCC Members
Rufus Allen, NC Department of Justice - Environmental Division
1618 Mail Service Center, Raleyh, North Carolina 27699-1618
Location: 219 East North Street, Ral*h, North Carolina 27601
?hone: 919-733M261 FAX [phone]
Internet: httpJ/h2o.enr.state.nc.us1tacu
One
No hCa.rohna
;Vatura!!Y
An Equal opportunity 1 AifinnaGve Action Employer

15A NCAC 08F .0406 REVOCATION, RELINQUISHMENT OR INVALIDATION OF
CERTIFICATION
(a) The Certification Commission, in accordance with the provisions of G.S. 150B and G.S. 90A-41, may suspend
or revolve the certificate of a certified operator, or issue a written reprimand to an operator if it finds that the
operator:
(1) engages in fraud or deceit in obtaining certification; or
(2) fails to exercise reasonable care, judgment, or use of the operator's knowledge and ability in the
performance of the duties of an operator in charge; or
(3) is incompetent or otherwise unable to properly perform the duties of an operator in charge.
(b) Prior to the Certification Commission taking action on a proposed revocation, suspension, or civil penalty
assessment, the operator shall be given an opportunity to submit a written statement and present oral argument
before the Certification Commission at a regularly scheduled meeting. The operator shall be notified by the
Certification Commission in writing at least 15 days prior to the meeting. This notification shall be delivered by
first class mail to the operator's address that the Certification Commission has on file. .
(c) The Certification Commission may issue a written reprimand to an operator in accordance with G.S. 90A-41.
The reprimand shall be delivered personally or by certified mail. A copy of the letter will be kept in the operator's
file and a copy will be sent to the operator's employer. The operator will be given the opportunity to put a letter of
rebuttal into the file when a reprimand has been issued.
History Note.. Authority G.S. 90A-41; 90A-47: 143B-300; 150B-3; 150B-23; 150B-38; 150B-52:
Temporary Adoption Eff January 7, 1997;
Eff. August 1, 1998.
DENR~FRO
NAR 2 2 2012
DWO

Directions. to Aslley,,House

OPERATOR ENFORCEMENT ACTION INITIATION FORM
Date of initiation of action March 14 2012
Action being initiated by (name) Melissa Rosebrock — Environmental Specialist of the
DWQ - Winston-Salem Regional Office - Aquifer Protection Section
Operator's Name Wayne _Buttke
Operator's Employer Buttke Dai Enter rises
Recommended Action:
Written reprimand
XX Suspension
recommended duration of suspension 2 years ._
Revocation
Justification for recommendation:
Practicing fraud or deception in the performance of their duties;
XX Failure to properly use reasonable care or judgment in the performance of their duties;
XX Failure to apply their knowledge or ability in the performance of their duties;
Incompetence or the inability to properly perform their duties.
Show cause meeting held (time, date and location) A show Cause meeting was held at the WSRO on February
17 2012 at 1:00pm Mr. Wayne Buttke and Mr- Ard Koopman were in attendance along with D%A/Q staff.
Justification Summary (please attach supporting documentation) Mr. Wayne Buttke is the Operator in Charge
for Buttke Dairy (AWC760012), a Type B Animal _Waste Management System in Randolph County. He is also
the brother of Mr. Arlin Buttke, permittee and owner of Buttke Dairy_ Enterprises. Wayne Buttke has been the
OIC for Buttke Dairy since 1997.
Of note: Mr. Ard Koopman leases and manages Koopman Dairies, another cattle operation residing on the
property governed by the same Cattle Waste _Management System -General Permit as Buttke Dairy_, Wayne
Buttke is the OIC for both dairies (one on each side of the road). Both dairies, therefore, share the same OIC
permit, waste l5lan, and application fields. The milking parlors and waste bonds are phvsically separate,
however.
A complaint investigation by DWQ on June 5, 2007 resulted in an NOV for failure to abide by the., Certified
Animal Waste Management Plan (CAWMP) and the Cattle Waste Management Permit. Although DWQ
received the complaint on June 4. 2007 it was investigated on June 5, 2007 as a part of -a previously scheduled
compliance inspection for Buttke Dairy Enterprises. After the paperwork and onsite portion of the inspection,
the OIC stated that DWQ was welcome to observe the waste application activities being conducted on two of
the fields. DWQ visited the two fields unaccompanied by the OIC and documented that animal waste was
being applied within 2-3
feet of an unnamed tributary (class C) and a fresh water. pond (class WS=11 HQW) by
a contact' applicator. DWQ contacted Mr. Wayne Buttke to inform him of the violations. As a result of the
circumstances surrounding the violations, a Show Cause Meeting was arranged to allow the OIC an
opportunity to explain the application activities.

Following the Show Cause Meeting in June 2007- DWQ requested that the OIC review his operational
procedures and provide a written response. In his _response to DWQ. Mr. Wayne Buttke stated that he
"intended to inspect the waste application sites more frequently than in the past and that he had reviewed the
application requirements contained in the permit and waste management plan ._. , with all those involved in waste
application." The OIC also stated that there is now someone to "double check on things" when he could not be
on site.
A recent investigation by DWQ on December 7, 2011 resulted in a Civil Penalty assessment of $2000 (plus
costs) levied against Buttke Da�Enterprises for: 1) applying animal waste during a rain event: 2) on land
saturated with water; 3 which resulted in excessive ondin . and run-off. In this situation DWQ staff happened
to be in the area and observed two loads of waste from Koopman Dairies being applied in the rain. Neither the
OIC, the permittee, nor Mr. Koopman was present during the application events.
Another complaint investigation by DWQ beginning on January 7, 2012 resulted in an NOV/NOI for: 1
discharging to surface waters without a -permit: 2) failure to operate as a non -discharge facility: 3) failure to
properIV operate the land application field: 4 failure of the person under the su ervision of the OIC to insure
that the animal_ waste is land applied per the CAWMP; 5) failure to maintain buffer strips near the land
application area: and 6) failure to apply waste on land not saturated with water.
in the case mentioned above waste was being land -applied within 15 feet of surface waters on soft saturated
land when the application equipment became stuck. The driver reportedly forgot to turn off the PTO and the
discharge of at least 400-500 gallons of animal waste occurred. The driver was not an OIC or back-up OiC, no
was he operating under- the direct supervision of an OiC. Neither Mr. Koopman, the permittee, nor Wayne
Buttke was present when the application and subsequent discharge occurred. In fact the OIC was out-of-town
during this time.
Randolph County Emergency Management received the January 7 2012 discharge complaint from a citizen
and promptly responded. Mr. Koopman and „Mr. Otto Buttke (Wayne's son had already begun_ constructing an
earthen berm to he! contain the waste prior to the arrival of Randolph County Emergency Management staff.
Although there was opportunity for the OIC to be made aware of the discharge and to report it to DWQ, neither
Mr. Koopman the permittee, nor the OIC contacted DWQ regarding this discharge. Once onsite, Randolph
County Emergency Management stated that they would call the DWQ "on -call" person in Raleigh and notify
them of the discharge event. An enforcement package for this event has been sent to APS Central Office for
probable civil penalty assessment(s).
A second Show -Cause meeting was held February 17 2012 at the WSRO. Many specifics were discussed
such as: 1) the equipment driver's experience 21-how and where the decision to apply waste occurs on a
weekly,and daily basis-, and 3 the communication that occurs and doesn't occur between the OIC the
Koopman Dairies owner, and various full-time employees, sub-contractors,andtemporary employees.
Results of the February 2012'Show Cause Meeting indicate that the OIC has a general understanding of the
CAWMP and the Permit and is fulfillina his responsibility as OIC for the Buttke Dairy portion of the permit only.
And while we do not believe the above actions to have been committed willfully or intentionally, our
investigation concludes that the violations have been the result of negligence, insufficient management, and
lack of experience „by the persons involved in applying animal waste.
The OiC has not Properly managed and supervised the daily operation and maintenance of the entire system
_
as prescribed in the permit. Specifically, the OIC has not been visiting and inspecting the animal waste
_...
management system for Koopman Dairies at a frequency sufficient to ensure that animal waste is applied in
accordance with the CAWMP and the permit. In his absence the OiC has not formall been designating a
person under his supervision to inspect the land application site during the application of animal waste. With
the information submitted it is clear that Mr. Wayne-Buttke consistently fails to proper use reasonable care
and iudgment in the performance of his duties as an animal waste operator and as an Operator in Charge. Mr.
Buttke also consistently fails to apply his knowledge and/or ability in the performance of his duties

10/16.10E 09:d7 .00P Ea;T GUILFCRC, COUNTY y 3:3E4351?'3.a
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ANIMAL U r_ , ■.GENENT SYSTEM
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DESIGNATLPN 1
ANIMAL WASTE MANAGEMENT SYSTEM:
Facility !D Number; County: M a rN Ae l 12h
OPERATOR IN CHARGE- %
Home Mailing
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BACKUP -OPERATOR (Optional):
Home Mailing Address
City
State _ Zip__
Certificate # Social Security #_
Work Phone Home Phone _
Signature
Date
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WPCSOCC
Division of Water Duality
1618 Mail Service Center
Raleigh. N.C. 2i699-16.18
r1/

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WINSTON-SALEM REGIONAL OFFICE
March 16, 2012
MEMORANDUM:
To: Jerry Rimmer, Supervisor, Technical and Certification Unit Supervisor
From: Melissa Rosebrock�
Subject: Recommendation for Disciplinary Action
Wayne Buttke — Certification #A WB22101
Buttke Dairy Enterprises, AWC760012
Randolph County
Please find documents attached supporting the Winston-Salem Regional Office recommendation
for disciplinary action against Wayne Buttke, OIC for Buttke Dairy Enterprises. Our records
indicate several years of repeated non-compliance by Buttke Dairy Enterprises. Violations range
from 1) over -application of PAN; 2) inadequate freeboard; 3) run-off of waste; 4) failure to
properly land -apply waste; 5) applying animal waste during a precipitation event; and 6) a direct
discharge to waters of the State during an application event.
The OIC has not properly managed and supervised the daily operation and maintenance of the
entire system as prescribed in the permit. Specifically, the OIC has not been visiting and
inspecting the animal waste management system for the Koopmam Dairies portion of the
operation at a frequency sufficient to ensure that animal waste is applied in accordance with the
CAWMP and the permit. In his absence, the OIC has not formally designated a person under his
supervision to inspect the landapplication site during the application of animal waste. Our
investigation (or1C'ludes that the viol-ations,, havee beer. *Line result Cr negligence, ilJ_C
1leIl
management, and tack of experience by the persons involved in applying animal waste.
With the information that we have submitted, it is clear that Mr. Wayne Buttke consistently fails
to properly use reasonable care and judgment in the performance of his duties as an animal waste
operator and as an Operator in Charge. Mr. Buttke also consistently fails to apply his knowledge
and/or ability in the performance of his duties. We therefore request that you initiate appropriate
action from your offrec and forward the attached package to the Chairman of the Water Pollution
Control System Operators Certification Commission.
The following items are being transmitted for your review:
A) 2012 Show Cause Meeting Documents
B) 2012 Discharge Violations and Enforcement Documents
C) 2011 Violations and Enforcement Documents
D) 2007 Violations and Show Cause Meeting Documents
Attachments
cc: Winston-Salem Regional Office Facility Files
MAR 19 2012

11
Dreanizational Chart 2C
North side-
:.5 - lVlathew,
of WalkerMill Rd Peat-son's
managed_.by Arlin cart
.47
Buftke
Butt�Ce`7arry:° sa=pPlres waste
fi 4,•,
;£ner rrses, _ rn rain
P_ .Sauth'side `Kovp.man - a
Wayne- t ;,of V1lalker Mill contracts 123/2011
Bu't_tke"O.0 Rd., -r with
'Ieased f'Ard = Math w, P 1
e earson Pears.&Ws
#76 fi� � -- - f�iath w.
Koopman for land
KrrgsyMill,anr
until 2-014 application
aka Meredel - = mfsappiies�waste
�Ghris,Cass -
=2 �kOIC: a
yY
eausi�g"disL' iah e'
-'of - "a, 5
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Koopman-
1/15/-1Z .

(5w66r
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Ard .Koopman
©w,ner & Permittee
.7 1 Z
Buttki Dairy-,
Enterprises'-
Wayne
Buttke OIC
North side
°ofWalk6e Mill
rnariaged:'kiy A`rtn`r
South side
of Walker Mill
Rd.
leased to Ard
Koop.man
gntil.2014 ,
#:76=60
Xoopman Dairies Ku' -
A,
Thfis CassrO`IC ;
`( _ rb", Y
Chris Cass
Owner and Permittee
499-05
Koopman
contracts
with
Mathew Pearson -
for_ land -
application":
Mathew
-..appties waste•
in`rain.�
_MatheW-Pearson's'.
�:mi`sa�ipl�es�waste
.YV.
i t2o z
":causing discharge
. of 2Q.0a ��a:gal

2012
Show Cause Meeting
Documents
Attachment A

AZX
'I VA
HCD���
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakiid. P. E. Dee rreemai,
Governor Director Secretan,
January 18, 2012
CERTIFIED MAST, NO.7008 1300 0001 1938 6878_
RETURN RECEIPT REQUESTED
Mr. Wayne L. Buttke
1878 Meadow Lake Lane
Sophia, NC 27350-8782
Subject: Show Cause Meeting
Certification: A WD 2-1101
Dear Mr 3►.tttke:
You are hereby requested to attend a show cause meeting to be held at the Winston Salem
Regional Office on February 17, 2012 at 1:00 pm to discuss matters concerning your
certification as an Animal Waste Management System Type B operator and possible disciplinary
actions, which have been considered by this office. This meeting is to allow you an opportunity
to explain the circumstances involved in the operation and maintenance of Buttke Dairy
Enterprises (AWC760012). Specific items to be discussed will be the recent occurrences of
improper application of animal waste.
Please call our office upon receipt of this letter in order to inform us of your willingness
to comply with this request. Should you have questions regarding this matter, please do not
hesitate to contact Ms. Melissa Rosebrock or me at [phone].
Sincerely,
Sherri V. Knight
Aquifer Protection Regional Supervisor
Winston-Salem Regional Office
Division of Water Quality
cc: Jerry Rimmer, Supervisor - TACU, Raleigh
WSRO APS Files
Animal Feeding Operations Unit
5S"-'� aaghto%sn Street.'r4inston-Salem N:•rtL CarOlhai-tir.
Phalle. 536•,i'i -150W ; FAX, 336--14i31 `. Custc mer 5E it,�.1 c"• i S
rn Equal ' ,ppvlunihr ffinmative -ciian l:arpi:'y2r GIII
Noi- liCarolina

Tentative Format for Show Cause Meeting 02-17-12
• Introductions & sign in sheet
Melissa
Explain format and purpose of meeting
Beth
o To address concerns over role 1
responsibility of contract operator,
farm manager and OIC in findings of
investigation
o Strictly a fact-finding meeting - no,
formal action or final decision
• Present findings of site investigation
Melissa
• Request operator explanation of events
o Applicator/Farm Manager
o OIC
Discuss observed or perceived problems
Melissa, others
and ask questions
o OIC
o Farm Manager
• Explain possible outcomes
Beth
o No further action
o Refer to WPCSOCC for disciplinary
action. Recommend:
■ Letter of reprimand
• Suspension of certificate(s)
■ Revocation of certificate(s)
o Other
• Wrap-up and close
Melissa 1 Sherri

Buttke Dairy Show Cause Meeting
WSRO
February 17, 2012 —1:00 PM
Name of Permittee: Buttke Dairy Enterprises
Owner: Mr. Arlin Buttke
Facility Number: 76-12
Type of Operation: State Cattle Permit for 1600 milk cows
County: Randolph
OIC: Mr. Wayne L. Buttke
Applicators: Mr. Jake Pearson (December 2011) — not certified
Mr. Matt Pearson (January 2012) — not certified
Incident Histories: #1 - December 7, 2011
Complaint investigation by DWQ on December 7, 2011 resulted in a
Civil Penalty assessment of $2000 plus costs for applying animal
waste during a rain event, on a land saturated with water, which
resulted in excessive ponding and run-off.
#2 -- January 7, 2012
A complaint investigation by DWQ beginning on January 7, 2012
resulted in NOV/NOI for: 1) discharging to surface waters without a
permit; 2) failure to operate as a non -discharge facility; 3) failure to
properly operate the land application field; 4) failure of the person
under the supervision of the OIC to insure that the animal waste is
land applied per the CAWMP; 5) failure to maintain buffer strips near
the land application area; and 6) failure to apply waste on land not
saturated with water.
Waste was being land -applied within I5 feet of surface waters when
the application equipment became stuck in wet soil. The applicator
reportedly forgot to turn off the PTO and the discharge occurred:
DWQ is currently reviewing the case.

Immediate Action: #1 December 7, 2011
After observing the application of waste during a rainfall event, it was
DWQ determined that the waste originated from Mr. Koopman's
dairy. At our request, an earthen berm was created that successfully
excluded the run-off from surface waters.
#2 — January 7, 2012
Randolph County Emergency Management received a complaint call
that was relayed to -the DWQ on -call staff person in Raleigh
concerning 400-500 gallon discharge on January 7, 2012. Mr. Ard
Koopman and Mr. Otto Buttke promptly began trying to contain as
much of the discharge as possible through the use of an earthen berm.
Mr. Wayne Buttke, OIC, was not present when the application and
discharge occurred.
DWQ-WSRO was made aware of the complaint on January 9, 2012
and began -their investigation the same day. Ms. Rosebrock and Mr.
Mitchell inspected the application field and containment efforts. Due
to wet soil conditions along the stream, the berm could not be
constructed to exclude any of the waste applied or discharged within
15 feet of the stream: The downstream fecal coliform count was 1,500
col/100 mL. The remaining waste still has the potential to run-off into
the stream. _
Previous Show -Cause: Complaint investigation by DWQ on June 5, 2007 resulted in an
'-NOV for failure to abide by the CAWMP and the Cattle Waste
Management Permit. Animal waste was applied to within 2-3 feet of
an -unnamed tributary to Caraway Creek (class C) and a fresh water
pond that flows into Back Creek (class WS-II, HQW).

2012
Discharge Violations
0
Enforcement Documents
Attachment B

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
March 16, 2012
MEMORANDUM:
To: Keith Larick
From: Sherri Knight �-�r�
Melissa Rosebrock 11.I�
Subject: Recommendation for Civil Penalty
Case # PC-2012-0009
Buttke Dairy Enterprises, AWC760012
Randolph County
Please find documents attached supporting the Winston-Salem Regional Office request
for a civil penalty assessment against Arlin Buttke and Ard Koopman, jointly and severally, for:
1) making an outlet to the waters of the State without a permit; 2) failing to operate the dairy as a
non -discharge facility; 3) failing to insure that animal waste was applied in accordance with the
CAWMP; 4) failing to maintain buffer strips near land application areas; and 5) failing to apply
on land that is not saturated with water.
Arlin Buttke is owner of Buttke Dairy Enterprises, to which the Cattle Waste
Management System General Permit is issued. Ard Koopman, Ieasee, is the owner of Koopman
Dairies, Inc. and operates Koopman Dairies on the same property as that governed by Mr.
Buttke's permit (see attached Organization Chart).
WSRO-APS staff determined that an unpermitted discharge of waste from the Koopman
Dairies operation occurred on January 7, 2012 when the driver of the slurry truck became stuck
in soft, saturated, ground near the stream and then reportedly forgot to turn off the application
equipment. The discharge was reported by a citizen to the Randolph County Office of Emergency
Management. Of note: no one associated with the Buttke or Koopman Dairies reported the
discharge to DWQ prior to the notification by Emergency Management,
DWQ Winston-Salem Regional office (WSRO) staff visited the site on January 9, 2012,
and observed that: 1) animal waste had been land applied to within 15-feet of the UT; 2) animal
waste was still present in the UT; 3) an earthen berm was constructed about 15 feet from the
stream; 4) the upstream fecal coliform- result was 15 colonies/100 mL and the downstream was
1,500 colonies/100 mL.
Our records document several years of repeated non-compliance by Buttke Dairy
Enterprises. Violations range from over -application of PAN, inadequate freeboard, run-off of
waste, failure to properly land -apply waste and applying animal waste during a precipitation
event in December 2011. We request that you initiate appropriate action from your office and

forward the attached package to the Aquifer Protection Section Chief. The following items are
being transmitted for your review:
A) A completed "Findings and Decisions and Assessment of Civil Penalties."
B) A completed "Water Quality Enforcement Case Assessment Factors."
C) Most recent correspondence between violators and DWQ, including a copy of the
"NOV/NO] letter."
D) Photographs depicting the violations.
E) Laboratory results.
F) Conservation and -Soil maps denoting the location of the discharge.
Please contact Melissa Rosebrock in our office at [phone] for any additional
information you may need.
Attachments
cc: Winston-Salem Regional Office Facility Files

X
STATE OF NORTH CAROLINA
COUNTY OF RANDOLPH
]N THE MATTER OF ;
ARLIN BUTTKE
AND
ARD KOOPMAN
FOR VIOLATION OF ;
NCGS 143-215.1(a)(]) )
FOR MAKING AN OUTLET TO ;
THE WATERS OF THE STATE ;
OF NORTH CAROLINA )
WITHOUT A PERMIT
IW
FOR VIOLATIONS OF CATTLE WASTE )
MANAGEMENT SYSTEM )
GENERAL PERMIT A WG200000 }
PURSUANT TO NORTH CAROLINA }
GENERAL STATUE 143-215.1 )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
FILE NO. DV-2012-0009
FINDING AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of. Water Quality (DWQ), I, Theodore L. Bush, Jr.; Chief of the
Aquifer Protection Section of the Dwn, snake the following:
FINDINGS OF FACT:
A. Arlin Buttke owns and operates Buttke Dairy Enterprises, a permitted cattle operation in
Randolph County.
B. Ard Koopman leases and manages Koopman Dairies, another cattle operation residing on the
property governed by Mr. Buttke's Cattle Waste Management System General Permit,
C. Arlin Buttke was issued Certificate of Coverage AWC760012 by the Division of Water Quality,
under General Permit AWG200000 for Buttke Dairy Enterprises on October 1, 2009, effective
upon issuance, with an expiration date of September 30, 2014.
D. North Carolina General Statute (hereafter known as G.S.) 143-215.1(a)(1) states that "No person
shall do any of the following things or carry out any of the following activities unless that person
has received a permit from the Commission and has complied with all conditions set forth in the
permit: Make any outlets into the waters of the State. "

1;. Condition L L of the General Permit AWG200000 states in part that "Waste shall not reach
surface waters" and that "The waste collection, treatment, storage, and application system
operated under this General permit shall be effectively maintained as a non -discharge system."
F. Condition 11.17. of the General Permit AWG200000 states in part that "a person under the
supervision of an OIC shall inspect the land application site as often as necessary to insure that
the animal waste is applied in accordance with the CAWMP."
G. Condition I1.20. of the General Permit AWG200000 states in part that "The Permittee shall
maintain buffer strips ... as specified in the facility's CAWMP near... land application areas." The
CAWMP states that waste is to be applied no closer than 25 feet to surface waters.
H. Condition.11.21. of the General Permit AWG200000 states that "Waste shall not be applied on
land that is flooded, saturated with water, frozen or snow covered at the time of land
application."
On January 7, 2012, Staff in Raleigh (on -call) received a call from Captain Jared K. Bryd with
the Randolph County Emergency Services Department describing the discharge of animal waste
into a stream and the subsequent efforts by Ard Koopman "to prevent any more contamination of
the stream." Capt. Byrd's Incident Report states that the "ground was soft, moist, and saturated
with liquid manure which had contaminated the nearby stream."
Due to wet soil conditions along the stream, an earthen berm could not be constructed to exclude
any waste that had been applied or discharged within 15 feet of the stream.
K. Neither the OIC nor Ard Koopman was onsite when the discharge occurred.
L. On January 9, 2012, the DWQ Winston-Salem Regional office staff was first made aware of the
discharge and visited the site in question. Regional office staff observed that animal waste from
Koopman Dairies had been applied within 15 feet of the stream and that animal waste was still
present in the stream.
M. Fecal col iform samples taken on January 9, 2012 resulted in 15 col./]00 mL upstream and 1,500
col./] 00 mL downstream of the discharge.
N. The unpermitted discharge occurred in an unnamed tributary to Caraway Creek, Class C waters
within the Yadkin -Pee Dee River Basin.
O. On January 19, 2012, the Division issued a Notice of Violation/Notice of Intent to Enforce
(NOV/NOI) to Arlin Buttke and Ard Koopman, jointly and severally, identifying violations of
N.C.G.S: 143-215.1(a) and General Permit No. AWG200000. The violations include;
discharging to waters of the state; failure to operate as a non -discharge facility; failure to
properly operate the land application field; failure to insure that animal waste is land -applied in
accordance with the CAWMP; failure to maintain buffers; and failure to apply on land that is not
saturated with water.
P. The Notice of Violation was sent Certified Mail and received by Arlin Buttke on January 21,
2012. DWQ received Mr. Buttke's incident report on January 19, 2012 but no additional
correspondence. Ard Koopman verbally confirmed that he signed the green receipt card, but to

M
date, the green card has not been received by DWQ. The DWQ Winston-Salem Regional Office
received Mr. Koopman's written response on February 8, 2012,
Q. The cost to the State of the enforcement procedures in this matter totaled $1 123.88
Based upon the above Findings of Fact, I make the following:
If. CONCLUSIONS OF LAW:
A. Arlin Buttke and Ard Koopman are "persons" within the meaning of N.C.G.S. 143-215.6A
pursuant to N.C.G.S. 143-212(4).
B. A permit for an animal waste management system is required by N.C.G.S. 143-215.1.
C. Caraway Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to
G.S. 143-212(6).
D. Arlin Buttke and Ard Koopman violated G.S. 143-215.1(a)(1) by making an unpermitted
discharge into waters of the State.
E. Arlin Buttke and Ard Koopman may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per violation per day may be assessed against a person who is required but
fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act
in accordance with the terms, conditions, or requirements of such permit or any other permit or
certification issued pursuant to authority conferred by this Part.
F. The above -cited failure to operate the facility as a non -discharge system and prevent a discharge
of waste that reached surface waters violated Condition No. 1.1. of General Permit A WG200000,
G. The above -cited failure of Ard Koopman to insure that animal waste is land applied in
accordance with the CAW 1'v;P violated Condition No. H.17. of General Permit AWG200000.
H. The above -cited failure to maintain a 25 foot buffer strip near the. land application area violated
Condition No. 11.20. of General Permit AWG200000.
The above -cited incident of applying animal waste on land saturated with water constitutes
violation of Condition 11.21. of General Permit AWG200000.
J. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be
assessed against a person who fails to apply for or to secure a permit required by N.C.G.S. 143-
215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by N.C.G.S. 143-215.1.
K. N.C.G.S. 143-215.6A(b) provides that if any failure to act as required by the rules is continuous,
a civil penalty of not more than $25,000.00 per violation may be assessed for each day the
violation continues.
L. N.C.G.S. 143-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8) provides that the reasonable costs of
any investigation, inspection -or monitoring survey may be assessed against a person who

violates any regulations, standards, or limitations adopted by the Environmental Management
Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S. 143-
215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2.
M. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, has the authority to assess civil penalties in this
matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
Ill. DECISION:
Accordingly, Arlin Buttke and Ard Koopman, are hereby assessed a civil penalty of
for making an outlet to the waters of -the State without a permit as required by
G.S. 143-215.I .
$ for violating Condition No. Ll. of General Permit AWG200000 by failing to
operate the facility as a non -discharge system.
for violating Condition I1.17. of General Permit AWG200000 by failing to
insure that animal waste is applied in accordance with the CAWMP.
$ for violating Condition I1.20. of General Permit AWG200000 by failing to
maintain buffer strips near land application areas.
$ _ for violating Condition II.21. of General Permit AWG200000 by failing to apply
on land that is not saturated with water.
$ TOTAL CIVIL PENALTY which is percent of the maximum penalty
authorizcd by 1'4'.C.G.S. 143-215.6A.
$ 1123.88 Enforcement costs
$ TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account
the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air, quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.

IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring
after the assessment period indicated above. Each day of a continuing violation may be considered a separate
violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be
assessed for any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL.
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Arlin Buttke and Ard
Koopman, jointly and severally, in accordance with N.C.G.S. 143-215.6(A)(d).
(Date) Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality

KI
DIVISION OF WATER QUALITY
CIVIL PENALTY ASSESSMENT FACTORS
Violators: Arlin Buttke-Buttke Dairy Enterprises and Ard Koopman-Koopman Dairies Inc.
County: Randolph
Case Number: DV-2012-0009
Permit Number: AWC760012
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
The field in question was leased to the permittee (Arlin Buttke) for waste application. The aftermath of
waste application onto wet ground, losing control of the application equipment, getting the equipment
stuck and its subsequent removal, all physically damaged the lower portion of the field. From the
landowner's perspective, the damage caused by the decision to improperly land apply could be costly to
repair.
The section of stream in question is a class C water of the State. Class C waters are to be protected for
uses.such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation,
survival and maintenance of biological integrity, and agriculture. Based on our investigation and
observation, the unpermitted discharge of animal waste from the Koopman Dairies operation precluded
the use of the stream for these uses.
2) The duration and gravity of the violations;
Ard Koopman, owner of Koopman Dairies, Inca estimated that between 400-500 gallons of waste was
discharged onto the ground. Note also, that the discharge was first reported by a citizen who observed "a
light brownish.color" in the stream. DWQ staff observed this same coloring in the stream at least 48
hours later. Since the earthen berm could only be constructed to exclude waste > 15 feet of the stream,
any waste discharged <15 feet of the stream continued to enter the stream during subsequent rain events.
As required by the permit, a waste sample was obtained from the source storage pond and analyzed, Of
note: the fecal coliform result was 1.7 million MPN1100 ml and the BOD was 1,530 mg/l. We are not
aware of any fish kills resulting from this discharge but believe the acute affect to be detrimental to the
surface water.
3) The effect on ground or surface water quantity or quality or on air quality;
Two days after the initial discharge, the upstream fecal coliform measured15 col./100 mL while the
downstream was still 1,500 col./100 mL. Waste was still concentrated in the stream on the date of our
investigation.
The stream bank and buffer area were significantly damaged when the application equipment became
stuck. The buffer was further damaged through the process of extracting the equipment. While the
earthen berm initially helped, that effort also further harmed the vegetation in the buffer area. The
denuded field and stream bank increase the likelihood of sediment run-off into the stream.
4) The cost of rectifying the damage;
The facility had equipment and a driver and was therefore able to construct an earthen berm with only the
cost of the fuel. The area will need to be seeded and permanent vegetation re-established.
rev 1.0 - 8.31.09

5)
6)
7)
The amount of money saved by noncompliance;
None.
Whether the violations were committed willfully or intentionally;
The Winston-Salem regional Office does not consider these violations to have been committed willfullY
or intentionally but rather the result of poor waste application oversight, judgment, and training. When
the application equipment became stuck in the saturated soil, the driver stated that he forgot to turn the
PTO off. The WSRO can appreciate the anxiety of a young driver who finds himself stuck and sliding
downhill with a load of animal waste and "forgets to turn the equipment off." However, if the 25 foot set-
back had been adhered to, then he may not have gotten the equipment stuck to begin with.
Mr. Pearson was applying waste for Koopman Dairies on a sloped area of land in a field with which he
was not familiar. The upper portion of the field was dry enough and/or suitable for land application. The
lower part of the field was wet at the time of waste application and is, in fact, saturated most of the time
as evidenced by the inability to construct the earthen berm any closer than 15 feet to the stream. The
applicator should not have attempted to apply waste in a low-lying, saturated, area of the field.
Additionally, application by an OIC or someone under his direct supervision (i.e. with more experience)
may have also prevented the discharge scenario. Proper training and preparation of the driver prior to
entering the unfamiliar field, as well as proper supervision and oversight, might have mitigated the
discharge. .
The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
December 2011 Civil Penalty Assessment of $2000 plus costs — for applying animal waste on land
saturated with water, resulting in excessive ponding and run-off and for applying animal waste during a
rainfall event.
June 2007 NOV -Failure to properly land -apply animal waste.
April 2007 NOV L Failure to properly operate and maintain the collection system, treatment, and storage.
facilities.
August 2005 NOV -Failure to abide by the CA WMP ;inri c.nr,tain ani, ,al waste leaclzate. 11 discharge to
surface waters.
March 2002 NOV - Failure to maintain adequate freeboard. Failure to certify and include new waste
storage structure'in CAWMP. Failure to install marker, and contain run-off. No discharge to surface
waters.
January 2002 NOV - Failure to abide by permit (un-certified WSP and over -application of PAN).
8) The cost to the State of the enforcement procedures.
Investigator # I — 3 hours field time
$90.81
Investigator #2 — 3.25 hours field time
$94.05
Investigator # 1 — 24 hours enforcement time
$726.48
Sherri Knight — 1 hour for supervisor enforcement review
$39.71
Mileage — 67 miles @ 0.49 cents/mile
$32.83
Commercial Laboratory Costs
$40.00
Administrative costs
$ton 00
Total Cost
$1,123.88
Date SupVrvisor NanM
d�
rev 1.0 - 8.31.09

;
4
NC O R
North Carolina Department of Environment and Natural Resources
Division of Water QUaiity
Fever!'; —=3ves Perdue Chiades 1AIakild. P. E.
i�ei-arnar Director
January 19, 2012
CERTIFIED_MAIL _# 7008 1300 0001 1938 6854
RETURN RECEIPT REQUESTED
Mr. Arlin Buttke
Buttke Dairj, Enterprises
5796 Walker Mill Road
Randleman, NC 27317
CERTIFIED MAIL # 7008 1300 0001 1938 6861
RETURN RECEIPT REQUESTED
Mr. Ard Koopman
Ard Koopman Dairies
204 Loyd Road
Statesville, NC 28625
SUBJECT: Notice of Viola tio nlNo tice of Intent to Enforce
Permit Condition Violations — NOV-2012-DV-0026
North Carolina General Statute Violation
Certificate of Coverage #AWC760012, Facility 476-12
Parcel II): 7745250024
Randolph County
Dear Messrs. Rattle and Koopman:
Dee Freeman
Secrelary
On January 7, 2012 the North Carolina Emergency Operations Center in Raleigh received a
complaint alleging a liquid manure spill on Beeson Farm Road in Randolph County. Randolph
County Emergency Management Coordinator, Captain Jared K. Byrd, was notified of the
complaint and promptly responded to the scene.
Division of Water Quality (DWQ) staff has determined that waste from your dairy operation
located on the south side of Walker Mill Road was being applied onto pasture Iand in Tract-2159
Fields 1 and 7 (owned by Richard D. Hollingsworth) when the slurry truck became stuck in some
soft, saturated, ground near an unnamed tributary (UT) to Caraway Creek (class C waters of the
State). Mr. Ard Koopman, manager of the dairy from where the animal waste originated,
estimates that between 400-500 gallons of animal was pumped onto the ground before the driver
Wnsiop-Saie-c-iP q:' nal JF4
5.'15 ;r'aughlmvn Cdreel N 27 i0
on2
Nool-Mai-olffi 1

A. Buttke
January 19, 2012
Page 2 of 4
reportedly "remembered to shut the equipment off" (see Mr. Byrd's report, attached). It is
estimated that 200-300 gallons of animal waste was illegally discharged into the UT.
DWQ Winston-Salem Regional office (WSRO) staff visited the site on January 9, 2012, and
observed that: 1) animal waste had been land applied to within 15-feet of the UT and 2) animal
waste was still present in the UT. As previously cited (June 2007 Notice of Violation), the
Certified Animal Waste Management Plan (CAWMP) states that animal waste is NOT to be
applied closer than 25' to perennial waters.
Our investigation confirms that an earthen berm was constructed, reportedly within a few hours
of the spill, in an attempt to prevent the additional discharge of animal waste into the stream.
However, due to wet soil conditions along the stream, the berm could not be constructed to
exclude any of the waste pumped/discharged within 15 feet of the UT. The remaining waste has
the potential to run-off from the 15-foot un-bermed area and into surface waters, especially
during rain events.
Stream samples were obtained and analyzed for fecal coliform bacteria. The sampling site
located upstream of the application field resulted in 15 colonies/100 mL while the downstream
location had 1,500 colonies/100 mL. The North Carolina water quality standard for fecal
coliform is 200 colonies/100 mL (maximum). There is the possibility for future civil penalty
assessments should DWQ obtain a required total of five samples within 30 days that result in a
geometric mean greater than 200 colonies/100 ml. There were no violations of the pH or
dissolved oxygen standards on the date of our site investigation.
During the course of our investigation, the "concrete", "large side" and "small side" waste
storage structures were found to have at least six, four, and eight. feet of volume, respectively,
prior overtopping or discharging through a spillway. Additionally, there were no immediate
threats to the integrity of the structures. The waste storage capacity was, therefore, more than
adequate at the time of the misapplication and subsequent discharge into the UT.
Violations
The non -compliant application event and subsequent unpermitted discharge cited above violates
NC General Statute (NCGS) 143-215.1 and several conditions of the Cattle Waste Management
System General Permit. Specifically:
NCGS 143-215.1 (a) - which reads "Activities for Which Permits Required. —No person shall
do any of the following things or carry out any of the following activities unless that person has
received a perinif from the Commission and has complied with all conditions set forth in the
permit: (1) Make any outlets into the waters of the State."
Permit Section I. 1. - Failure to operate the facility as a non -discharge system and
prevent a discharge of waste that reaches surface water, wetlands, or by other means of
conveyance that drains to surface water or wetlands.
Permit Section U. L - Failure to properly operate the land application field.
It

A. Buttke
January 19, 2012
Page 3 of 4
17. - Failure of the person under the supervision of the OIC to insure
that the animal waste is land applied in accordance with the
CA WMP.
20. - Failure to maintain buffer strips near land application areas.
21. - Failure to apply waste on land that is not saturated with water.
Our records indicate that two Notices of Violation (NOV) were previously issued to Buttke
Dairy Enterprises (June 2007 and December 2011) for non -compliant application events.
Of note is the fact that, in the prior and current instances of misapplication, the animal waste
originated from that portion of the farm leased to and managed by Mr. Koopman.
Corrective Actions:
I. If you have not already done so, immediately cease application methods of animal waste
that causes or contributes to the'unpermitted discharge and take all necessary steps to
insure this violation does not reoccur.
2. In the future you must notify DWQ within 24 hours of the occurrence of any reportable
events in accordance .with your permit (Section 111. 9 and 13.). While we, are aware that
Mr. Byrd stated that he would notify DWQ of the discharge, it is, the responsibility of the
pernuttee to do so as well.
3. In the future, you must file a written report to the WSRO within five (5) calendar days
following; first knowledge of occurrences (i.e. discharge) outlined in Section III.13. of the
permit. Our office is in receipt of your report filed January 19, 2012 after being re -sent
due to a technical problem.
4. In the future, a waste sample must be obtained within seventy-two (72) hours following
Furst knowledge of a discharge to surface waters or wetlands, from the source storage
pond, and shall be analyzed for the minimum parameters which are stated in Section
III.91 of the permit. Our office bas noted that the samples were presented to the
laboratory for analysis on January 13, 2012. The results must be submitted to our office
within thirty (30) days of the discharge event.
The following items must be submitted within 30 days of receipt of this Notice:
a. A completed SLUR -I and SLUR-2 form for Tract 2159 Fields 1 and 7 regarding any
applications made in 2011 - present.
b. A copy of all waste analyses obtained within 60-days of January 7, 2012.
c. On -farm precipitation records for January 6-8, 2011.
6. Per the permit (Section 1.17.), the OIC (W. Buttke) must delegate the OIC responsibility
to Mr. Koopman (or the contractor), OR he must be present on -site when waste is
applied.
It is suggested that a back-up OIC be designated as well. Due to the size, scale, and separate
arrangement of the operations under one permit, this office believes animal waste management
can be improved by the presence of two certified operators.

A. Buttke
January 19, 2012
Page 4 of 4
This office is considering recommending an assessment of civil penalties against Buttke Dairy
Enterprises and Ard Koopman, jointly and severally, for the above referenced violations. If you
wish to present an explanation for the violations cited, or if you believe there are other factors
which should be considered; please send such information to me in writing within thirty (30)
days following receipt of this letter. Your explanation will be reviewed, and, if an enforcement
action is still deemed appropriate, your explanation will be forwarded to the Director with the
enforcement package for their consideration.
Your written response should be sent to my attention at the address shown on the letterhead. Be
advised that NC General Statutes provide for penalties of up to $25,000 per day per violation as
well as criminal penalties for violations of state environmental laws and regulations.
Your immediate attention is greatly appreciated. If you have questions concerning this Notice,
please contact Melissa Rosebrock or me at [phone].
cc: APS Animal Feeding Operations Unit
Mr. Wayne Buttke — OIC, Buttke Dairy Enterprises
Randolph County NRCS
WSRO Facility Files
• Complete items 1, 2, and 3. Aisa complete
item 4 if Restricted Delivery Is desired.
• print your name and address on the reverse
so that we can return the card to you.
o Attach this card to the back of the mailpiece,
or on the front if space Permits.
Article Addressed to:
Mr. Arlin Buttke
Buttke Dairy Enterprises
5796 Walker Mill Road
Randleman, NC 27317
A.
Sincerely,
Sherri V. Knight
Regional Supervisor
Aquifer Protection Section
0 Agent
Lecffeived b (Printed Named G. Date of Delivery
�.l�p Yes
D. Is delivery address diiHeient from Item {? 0 No
if YES, enter delivery address below:
3. Se Ice iype
Gertttied Mall
❑ Registered
p insured Mall
0 Express Mall
❑ Return Receipt for Merchandise
❑ C.D.D.
4
2. ,
ra Fee} ❑ Yes
4. Restricted Deliver,/7 (Ext
-)nnR 1.300 dI]01 1938 6854

Randolph County
DEPARTMENT OF
EMERGENCY SERVICES
152 N. Fayetteville St
Asheboro, NC 27203
January 9, 2012
Melissa Rosebrock
Division of Water Quality
RE: Beeson Farm Rd Incident
Ph: 336-318-6911
Fax: [phone]
Office of Emergency Management
Randolph County Emergency Management was notified at 12:48PM on in/2012 by the North
Carolina Emergency Operations Center of a citizen complaint concerning a liquid manure spill
near the residence of 4624 Beeson Farm Rd.
I called the complainant (Mr. T.R. Hollingsworth) to obtain the information related to the
incident and responded to the scene, arriving at 2:39PM. Upon my arrival Mr. Hollingsworth
took me to a nearby field where the incident occurred. There I met Mr. Mark Hollingsworth, the
land owner, and Mr. Ard Koopman, who was in the process of attempting to contain the spill
with his staff. Mr. Otto Buttke also was on scene (arrived later).
Mr. Koopman advised that the field was being sprayed with liquid manure when the truck
became stuck in somefto�ear a small creek. The liquid manure continued to pump onto
the ground "for several seconds" fire tt a operator i memb lsh thp7-6- 1pmept--fft Mr.
Koopman estimated that between 400-500 gallons of the product was pumped on the ground. Mr.
Koopman also advised that they were waiting for a trackhoe to arrive so they could build a
containment berm.
Upon surveying the area, Mr. Koopmans story seemed consistent with what was noted. The
ground wasFs6fL7fg9ist and saturated with liquid manure which had contaminated the nearby
stream. The water in the stream was a light brownish color in the immediate area of the spill. Mr.
T.R. Hollingsworth had advised that he had also noted the same appearance at least 3/ of a mile
downstream, Mr. Hollingsworth also advised that the adjacent land owners downstream had been
notified of the spill so that they may prevent livestock from using the stream as a watering
source.
Chen made:coi taet vwith" SamIVLumsv (D '.Q�'on<ca11) and ridv'ised'het'aff.thC ituatLon and`ou -
intentions of constructing a dirt berm to prevent any more contamination of the stream, to which

she agreed. Ms. Morrison advised that someone from DWQ would respond to follow up on
Monday (11912012).
I remained on scene until the trackhoe anrived and constructed the dirt berm. All parties involved
were satisfied with the action taken until the incident could be followed up with this week by
DWQ.
Below is a map of the incident location. The red circle indicates the area of the spill.
If you need any further information, please do not hesitate to contact me.
Respectfully,
Captain Jared K. Byrd
Emergency Management Coordinator
Randolph County Emergency Services
(0)336-318-6913 or (C) 336-301-6580
jkb rd co-randojh.nc_us

Jan 19 12 07,37a
~ %d
A

2011
Violations and Enforcement
Documents
Attachment C

NCDENR
111�r}[, �.:•rliY nf'��r} �­4'f r7rri i�,�Zrn nI nn l h1-F r.l
Beverly Eaves Perdue
Governor
Arlin Buttke
Buttke Dairy Enterprises
5796 Walker Mill Road
Randleman, NC 27317
Farm # 76-0012
Randolph County
Dear Arlin Buttke:
Uivision of Water Quality
Charles VVakild, P. E. Dee Freeman
Director Secretary
February 24, 2012
This letter is to acknowledge receipt of your check No. 90423 in the amount of $3080.82
on February 23, 2012. This payment satisfies in full the civil assessment in the amount of
$3080.82 levied against Arlin Buttke and the case has been closed. If you have any questions,
please call me at [phone].
Sincerely,
%461d
Miressa D. Garoma
Animal Feeding Operations Unit
cc: Sherri Knight, Winston-Salem APS Regional Supervisor
File # DV-2012-0002
APS Central Files
1617 Mail Service Cenler, Raleigh, North Carolina 27699-1617
Localion: 512 N. Salisbury SI. Raleigh, North Carolina 27604
Phone: [phone] t FAX: [phone] CuslomerService: 1-877-623-6748
Inlemel' _vmw-nrvaleroagJity.nrg
O%
North Cw-01 i is
An Equal Opporlunily 4 Affrmalive Action Employer

Akin-1 :
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles WaMd, P. E.
Governor Director
February 10, 2012
CERTIFIED AL41L - 97006 2150 0003 5467 1605
RETURN RECEIPT REQUESTED
Arlin Buttke
Buttke Dairy Enterprises
5796 Walker Mill Road
Randleman, NC 27317
Dear Arlin Buttke:
Dee Freeman
Secretary
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 76-0012
Randolph County
Enforcement File No. PC-2012-0002
This letter transmits notice of a civil penalty assessed against Arlin Buttke in the amount of $2000.00, and
$1080.82 in investigative costs, for a total of $3080.82, Attached is a copy of the assessment document
explaining this penalty.
This action was taken under the authority. vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality.
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the f0mving:
1, Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the attention of:
Keith Larick
Aquifer Protection Section
Division of Water Quality
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
M
1617 Mail Service Center, Ra}eigh, North Carolina 27599.1517
Location: 512 N. Sal#sbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service: 1.877.523-6748
Internet: www.ncwalerguality.org Qnc
An Equal opporluniry %AKnnalive Aclion Employer North Cai-oI i MI
Allatul'allf

Assessment of civil penalty
Arlin Buttke
Enforcement # PC-2012-0002
Page 2 of 3
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate'to the reasonableness of the amount;of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting «,hether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty, assessment document, Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are
in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should
be remitted, and submit it to the Division of Water Quality at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) were
wrongfully. applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of the Division of Water Quality, will review your evidence and
inform you of their decision in the matter of your remission request. The response will provide
details regarding the case status, directions for payment, and provision for further appeal of the
penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part of
the original remission request considered by the Director. Therefore, it is very important that you
prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of
Civil Penalties, Waiver of Right to an Administrative Hearing. and Stipulation of facts" form within
thirty (30) days of receipi of this notice. The Division of Water Quality also requests that you complete
and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the
following address:
Keith Larick
Aquifer Protection Section
Division of Water Quality
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30)

Assessment of civil penalty
Arlin Bunke
5nforcement # PC-2012-0002
Page 3 of 3
days of receipt of this notice. A petition is considered filed when it is received in the Office of
.Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an
attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings
within seven (7) business days following the faxed or electronic transmission. You should
contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the
Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6744 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny -Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice; as evidenced
by an internal date/time received stamp (not a postmark), Nvill result irf this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the revie%v
period of this assessment. If you have any questions, please contact Miressa D. Garoma at (919) 807-
6340.
Sincerely,
Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of IN'ater Quality
ATTACHMENTS
cc: Sherri Knight, Winston-Salem APS Regional Supervisor w/ attachments
File # PC-2012-0002 w/ attachments
APS Central Files w/ attachments
Randolph County Health Department

.,
STATE OF NORTH CAROLINA
COUNTY OF RANDOLPH
IN THE MATTER OF
ARLIN BUTTKE
FOR VIOLATIONS OF CATTLE WASTC
MANAGEMENT SYSTEM
GENERAL PERMIT AWG200000
PURSUANT TO NORTH CAROLMA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
FILE NO. PC-2012-0002
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality (D1�,% I, Theodore L. Bush, Jr., Chief of the
Aquifer Protection Section of the D\k'Q, make the following:
FINDINGS OF FACT:
A. Arlin Buttke owns and operates Buttke Dairy Enterprises, a pennitted cattle operation in
Randolph County.
B. Arlin Buttke was issued Certificate of Coverage ANNIC760012 by the Division of Water Quality,
under General Permit AWG200000 for Buttke Daii�r, Enterprises on October 1. 2009, effective
upon issuance, with an expiration date of September 30. 2014,
C. Condition 11.5 of the General Permit AWG200000 states in part that `[n no case shall land
application rates result in excessive ponding or any runoff during any givenapplication event".
D. Condition 11.21 .of the General Permit AWG200000 states in part that "Waste shall not be
applied on land that is flooded, saturated Avith water, frozen or snow covered at the time of land
application".
E. Condition I1.22 of the General Permit'AWG200000 states in part that "Land application of waste
is prohibited during precipitation events. The Per-mitlee shall consider pending weather
conditions in making the decision to land apply waste and shall document the weather conditions
at the time of land application on forms supplied by or approved by the Division".
F. On December 7, 2011. DWQ staff from Winston-Salem Regional Office observed that a slurry
tank was applying animal waste in the rain on to a field of small grain (Tract 2200, Field 4) of
Buttke Dairy Enterprises operation located on the South side of Walker Mill Road in Randolph
county. Weather infornnation recorded on the SLUR-? form also shows that it was raining during

the time of waste application. The precipitation record also shows that 0.4 inches of rain fell on
December 7, 2011. DIAIQ staff also observed animal waste run-off from the small grain field.
G. On December 23, 2011, the Division issued a Notice of Violation/Notice of Intent to Enforce
(NOVIN01) to Arlin Buttke identifying violations of N.C.G.S. 143-215.1 and General Permit
No. A1VG200000. The violations include applying waste during rainfall event on a saturated soil
resulting in waste runoff.
14. The cost to the State of the enforcement procedures in this matter totaled $1080.82.
Based upon the above Findings of Fact, I make the following;
11. CONCLUSIONS OF LAW:
A. Arlin Buttke, is a "person" within the meaning of N.C.G.S. 143-215,6A pursuant to N.C.G.S.
l 13-212(4).
B. A permit for an animal waste management system is required by N.C.G.S. 143-2 15.1.
C. The above -cited failure to prevent excessive ponding and run-off violated Condition No, 11. 5 of
the General Permit A\ G200000.
D. The above -cited incident of applying animal waste on land saturated with Avater constitutes
violation of Condition 11.21. of the General Permit A\ G200000.
E. The above -cited incident of applying animal during a rainfall event constitutes violation of
Condition 11.22. of the General Permit AWG200000.
F. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be
assessed against a person who fails to apply for or to secure a permit required by N.C.G.S. 143-
215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by N.C.G.S. 143-215. 1.
G. N.C.G.S. 143-215.6A(b) provides that if any failure to act as required by the rules is continuous;
a civil penalty of not more than $25,000.00 per violation may be assessed for each day the
violation continues.
1
H. N.C.G.S. 143-215.3(a)(9) and N.C,G.S. 143B-282.1(b)(8) provides that the reasonable costs of
any investigation, inspection' or monitoring survev may be assessed against a person who
violates any regulations, standards, or limitations adopted by the Environmental Management
Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S. 143-
215.1, or special order or other document issued pursuant to N.C.G.S, 143-215.2.
The Chief of the Aquifer Protection Section. Division of Water Quality, pursuant to delegation
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, has the authority to assess civil penalties in this
matter.

"�13ased upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Arlin Bunke, is hereby assessed a civil penalty of:
$ L"? 0 0 For violating Condition No. If. 5. and 11.21. of the General Permit AWG200000
for applying animal waste on a land saturated with water, resulting in excessive
ponding and run-off,
c r?
$ 0For violating Condition 11.22 of the General Penult AWG200000 for applying
animal waste during a rainfall event.
00
$ 000 TOTAL CIVIL PENALTY which is __�_ percent of the maximum penalty
authorized by N,C.G,S. 143-215.6A.
$ 1080.82 Enforcement costs
$ 3f)!0•.-V TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account
the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-282, I (b), which are:
( I } The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifi,ing the damage;
(5) The amount of money saved by itoncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs For any continuing violations occurring
after the assessment period indicated above. Each day of a continuing violation may be considered a separate
violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be
assessed for any other rules and statutes for N hich penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Arlin Buttke, in
accordance with N.C.G.S. 143-215.6(A)(d).
{Date} �' Theodore L. Bush, Jr., Chief Lam,
Aquifer Protection Section
Division of Water Quality
l

DIVISION OF WATER QUALITY
CIVIL PENALTY ASSESSMENT FACTORS
v
Violator:
Buttke Dain Enter rises
County:
Randolph
Case Number:
PC-2012-0012
PermitNumber:
A14IC760012
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources ofthe State, to the public health, or to
private property resulting from the violation;
2) The duration and gravity of the violation;
3) /The effect on ground or surface water quantity or quality
�oron/air quality; /
Lam" ' - �"E��S a. �/�'} y't�--v�.l�—S �= r�—'"4."r-....�.s �;.� � �{�C`�• e`� Ct /'� ?'�' `�
4) The cost of rectifying the damage;
5) The am o nt of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
Mo �',• �-�- � �,� it = . , =-� `
7) The prior record of the violator in complying or failing to comply with programs over which the
Environineutal Management Commission has regulatory au(hority; and
{% 0 C) , S �
8) The cost to the State of the enforcement procedures.
$1080.82
Da a Supervisor Name
rev 1.0.8.31.09

FORM SLUR-2 Shirty c)n6Slud90 Appfcalioit FiC.Atj r.cc;ornIS
One 1=um for Lich Fiulo PE r C'113il [:`100
Tract CS.�------- Fiold rY
CL
Field Size(Welted Acresj-(A) Faciliy Nun'tber
7 tp 2
j
l-t--+^---- - -
FarmOwner k-AU&I- F- K IL P, e;QULF—S Spreader Operator
- --- . - — - -
tnlFl�f�� k,}�Cc- - --
Owner'sAddress SIRG WgLVfP- M%LL RA. andAclrt;ess
1��8 fY1�a[7ow 1 �i►ce t_ni
andle-rtrto.n, �(C 3.'131-1 _
Sa�h'rQ, T-1
Owner's Phone 433 t..- -13�?, _— Operator's Phone It 1
3 3 [. - LA i B - 3 )-rl (-- --
From Anima! Waste Management Plan
CC
Crop Type r7 - �C' �r zr Rewmmencled PAN —
Loading (lb/acre) = (B)
�-
0) {2} (31 (A) (5) (6)
Number
Voiarne at
To121 Volume
Votume per Acre
WasteAnalysls
PAN Applied
lritrognn Valance...
Weather
""Nutrient
L7ate
of Load'.
eadt Lnad"
(gallons}
(gallonSfarro)
PAN"
(Itriarla)
(Ibracrcl
lnlo.
Source
(mmlrldhrr)
per Field
{gallons)
(z{ _ (3)
- (A) 1 (A)
pbli 000 gal)
161 x (5)1 1004
(B) - (7)
CI11 _---
`1-7
67 _
� —
tSLrP
YT2661
G
5.
rop Gycic Total
r
Owners Signature — - _ -- _ Spreader Operator's Signature _ ,c
Certified Operator (print) Ej j/ Operator Ceftifu;ation No.
Can be founri in oµeralor's manual (or Die spra:ulur- iunCtct a tecal realer tl yryu.do n6l have your owner's rnanUal.
— " See your waste management pratt for sainvitnrt frequcacy. AF'a ntirurnum- vrd5lc sn31y5rs is rr.nuirers wethin E t1 r3ays u( land afrpticarinn events.
n "-Cater the value received by stajuor.lnrg cuiurnn (7) trnrn (51 ('wdinue sulrrractrr,ri rnlmnn (.I fFl)ln Crdtlnin (81 tollovnng ezCh ;rppti(:3lion event-
_ ...En(er nutrient SnurcC (re t-aggnonlSturarle Putt (o, crmim<WHcat lcr(il Lei. drj titer. etr, f 311.1121]u11
A
s

- ----- .-�����i��_�-�6,^r�----_-e�-�1���
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------------------�-------------------
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J.

Koopman Dairies, Inc.
204 Loyd Road
Statesville, NC 28625
Winston Salem Regional Office
ATT. Sherri V. Knight
585 Waughtown Street,
Winston Salem, NC 27107
February 6, 2012
Subject Notice of Violation- NOV-2012-DV-0026
Dear Mrs Knight,
ECFIVE0�.�
of Eifli
We would like to respond to the NOV dated January 19'h 2012. We sincerely regret the incident,
however we do believe it was an accident. Our actions after the incident were well managed and
hopefully prevented the spill from contaminating even more. Ard Koopman was on the site within 30
ininutes and immediately started building a containment berm with the help of shovels and a payloader.
.Later the trackhoe arrived to finish the job.
In order to make our manure operators even more aware and laiowledgeable of their job we have
invited Marti Day, Corporate Extension Agent, to give the "Operator in Charge" training to all people
involved in our manure handling. This training will take place on February 20" and 21"

We try to handle our manure in a responsible manner, which is one of the reasons why we try to spread
manure based on weather conditions, forecasts and land availability, We do not like to be in the position
in which we have to spread manure because our storage ponds are too full. Therefore we do not agree
with the argument that we should not spread manure because our storage ponds are not an immediate
threat. Our goal is to avoid a situation like that!
We hope you understand that we do our best every day to be good stewards of this operation and will
do everything in our power to avoid contamination in the future.
Sincerely,
--�' Koopman Dairies Inc by
Monique Koopman

IV
Y ^r
an _/�� +R J rtinrn.f"t
The slope in the upper part of the field is 2-8%. The
Buttke Dairy Enterprises
Koopman Dairies, Inc.
January 9, 2012
FILE NO. DV-2012-0009
-� Fig. 1 View of application field looking down slope.
am is in the tree line in the background.
Fig. 2 Application in field at bottom of
slope. This area has an 8-15% slope.
~
A
Stream
`.K:`' t l o-' "u soli 44".
Flow
IT
1
r
Fig. 3 Well -vegetated field upstream and next to
the application field where the unpermitted discharge occurred on January 7, 2012.

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Fig. 9 Evidence of run-off below the earthen berm from the unpermitted discharge.
Fig. so Evidence of unpermitted discharge of animal waste into waters of the State.

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Animal waste from Buttke Dairy Enterprises #76-12 being applied during a precipitation event. Waste is
specifically from the operation on the south side of Walker Mill Rd. (leased to Ard Koopman ).

Alv
J4.
414
1�
Z=

2007
Violations and Show Cause
Documents
Attachment D

William G. Ross Jr., secretary
North Carole partment of Environment and Natural litsOurces
Alan W. Klitnek, P.E., Director
Division of WauQuality
Culeen H. Sullins, Deputy Director
Division of Water Quality
June 13, 2007
CERTMEED MAIL 4 7004 2510 0002 2066 9774
RETURN RECEIPT REQUESTED
Mr. Arlin Buttke
Buttke Dairy Enterprises
5796 Walker Mill Road
Randleman, NC 27317
SUBJECT: NOTICE OF VIOLATION
Permit Condition Violation
Certificate of Coverage #1NCA376012, Facility 476-12
Randolph County
Dear Mr. Buttke: -
This letter is to summarize the water quality violation and concerns observed during the farm's
compliance inspection by the Division of Water Quality (DWQ) on June 5, 2007, A final copy of the
inspection report has already been sent to your office by electronic mail. Please contact our office if you
have not yet received this report.
While conducting the inspection, staff noted that animal waste record keeping activities had
greatly improved. However, the following violation and concerns warrant your immediate attention and
action:
1. Animal waste was improperly applied to hay land leased from Marie Robins and Ray Cooper
(nn () Marlboro d Old of rthouse r 4- rao„o�r.,.ol,.� n {'a .._.__
__ Id and .........,..�.. F...,...�, �+Jt/Y.Y.I,Y\.1,'1, Vll-stLlr observations ailU
photographs document that animal waste was land applied to within 2-3 feet of both an
unnamed tributary to Caraway Creek and a freshwater pond that flows into Back Creek. The
particular section of Caraway Creek in question is classified as Class C waters while Back
Creek is classified by the State as a Water Supply II, High Quality Water (HQW). As
discussed, your Certified Animal Waste Management Plan (CAWMP) states that animal waste
is NOT to be applied closer than 25' to perennial waters. Failure to abide by the CAWMP is
a violation of condition I.3. of the Cattle Waste Management System General NPDES
Permit. Our office received a phone message within three days following the inspection from
Wayne Buttke, certified waste operator, stating that the land near the surface waters was to be
disked -in to reduce the potential for nun -off during a rain event, It is our expectation that the
proposed disking has already been completed.
2. The liquid run-off of silage leachate and manure from the silo area is currently only 50 feet
from Randleman Lake. The run-off must be contained immediately and a permanent
solution devised as soon as possible. You may wish to consult the Randolph County
SWCDINRCS office for any technical assistance you may need.
nM
Nogh Carol na
N.C. Division of Water Quality 585 Waughtovm Street Winston•Salem NC 27107 Phone: [phone] Fax-. (336) 7714630 Naturally
Customer Service 1(800) 623-7748

BUttke NOV
June 13, 2007
Page 2
3. The earthen embankments of the "small side" and "main side" waste storage structures still
need additional maintenance. Please refer to your copy of the inspection report for specifics
regarding mowing, broadleaf weed control, and re -seeding recommendations.
4. "SmalI grain cover" needs to be added to the waste plan as an acceptable receiving crop since
animal waste records indicate that waste -vas applied to several fields in 2006/2007 that were
not harvested but rather designated for "cover." Please see your technical specialist for
assistance.
Failure to comply with the conditions of the cattle waste permit constitutes a violation of state law
and Section 402 of the federal Clean Water Act and is grounds for enforcement action by the Division
and/or the EPA; permit termination, revocation and re -issuance; and/or denial of a permit renewal
application -(Section VI.2. and' VII.A.2). Additionally, these violations, and any future violations, are
subject to civil penalties, criminal penalties, and injunctive relief. The Di«sion, therefore, requests that
you respond, in writing, to this office Within ten (10) days following receipt of this Notice. Your response
should detail how you intend to address the violation and concerns listed above.
Your immediate attention to these matters is greatly appreciated. If you have questions
concerning this Notice,please contact Melissa Rosebrock or me at [phone].
Sincerely,
IAIV/�K , &tl�a
Sherri V. Knight
Regional Aquifer Protection Supervisor
cc: Todd Bennett — APS Animal Feeding Operations Unit
Randolph County SWCD/NRCS
WSRO Facility Files
Central Files

Michael F. Easley, Govemor
o�0r
William G. Ross Jr., Seuelary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins. Director
Division of Waler Quality
CERTIFIED MAIL NO.7006 2150 0002 2066 9804
RETURN RECEIPT REQUESTED
Mr. Wayne L. Buttke
Buttke Dairy Enterprises
5796 Walker Mill Road
Randleman, NC 27317
CERTIFIED MAEL NO.7006 2150 0002 2066 9811
RETURN RECEIPT RE(}UEST_ED
Mr. Michael A. Souther
Grassy Knob Farms
123 Grassy Knob Road
Union Grove, NC 28689
July 5, 2007
SUBJECT: Show Cause Meeting
Certification #: AWB22101 (Buttke) and AWB21636 (Souther)
Permittee: Buttke Dairy Enterprises
Facility #: 76-12
Randolph County
Dear Messrs. Buttke and Souther,
As a result of an application site inspection that was conducted June 5, 2007 you are hereby
requested to attend a meeting to be held at the Winston-Salem Regional Office on July 26, 20.07 at I;00
PM. This meeting is to allow you an opportunity to explain the conditions observed in the receiving field
on the above date. As you recall, animal waste was improperly applied to hay land owned by Marie
Robyns and Ray Cooper along Old Nfarlboro Read and Old Courthouse Roads, respectively. On -site
observations and photographs document that animal waste was land applied to within 2-3 feet of an
unnamed tributary to Caraway Creek and a freshwater pond that flows into Back Creek. The section of
Caraway Creek in question is classified as Class C waters while Back Creek is classified by the State as
a Water Supply II, High Quality Water (HQW).
The responsibilities given the possessor of a certificate to operate an animal waste facility are not
inconsequential; your contribution in the protection of the permittee's investment in the facility and in
the adherence to water quality regulations should be, and is expected to be, considerable. To that end,
the State has adopted various rules and regulations specifying the responsibility of animal waste
operators.
I 5A NC Administrative Code 8F .0203 states that the Operator in Charge (OIC) or a designated
back-up OIC of a Type B Animal Waste Management System shall inspect, or a person under the
supervision of an OIC or designated back-up OIC shall inspect the land application site as often as
necessary to insure that the animal waste is land applied in accordaace with the Certified Animal Waste
Management Plan (CAWMP). "Person under the supervision of an Operator in Charge" means a person
North Carolina Division of Water Quality 585 Waughtown Street, Winston-Salem, NC 27107 Phone [phone]
Customer Service' 1-877-623-6748 Entemet: www.ncwaterquality.org Fax [phone]

Wayne Buttke/N ichael Souther
July 5, 2007
Page 2
who takes directions from the 01C and who may only land apply animal waste when the OIC is
available for consultation and advice at any time during the application, of animal waste.
NC General Statute 9OA-41 provides for suspension or revocation of an operator's certificate, or
the issuance of a written reprimand to an animal waste operator. Additionally, the Water Pollution
Control System Operators Certification Commission, in accordance with the procedure set forth in
Chapter 150B of the NC General Statutes, may take such action when it finds that the operator has
practiced fraud or deception; that reasonable care, judgment, or the application of knowledge or ability
was not used in the performance of duties; or that the operator is incompetent or unable to perform his or
her duties. In addition to revocation of a certificate, the Commission may levy a civil penalty of up to
$1,000 per violation, for a willful violation of part 90A-47.1 of the General Statutes.
Upon receipt of this letter, please contact our office to confirm your willingness to comply with
our request for a Show -Cause Meeting at the scheduled date and time. Directions to the Department's
Winston-Salem Regional Office are attached for your convenience. Should you have questions
regarding this matter, please do not hesitate to contact Ms. Melissa Rosebrock or me at [phone].
Sincerely,
Sherri V. Knight
Aquifer Protection Regional Supervisor
Winston-Salem Regional Office
Division of Water Quality
Attachment
cc: Mr. Jerry Rimmer - Supervisor, Technical Assistance and CertiFication Unit
Mr. Arlin Buttke — President, Buttke Dairy Enterprises
Randolph County SWCD/NRCS
APS - Central Files
WSRO Files

Buttke Dairy Show Cause Meeting
WSRO
July 26, 2007 — 01:00 PM
Name of Permittee: Buttke Dairy Enterprises
Owner: Mr. Arlin Buttke
Facility Number: 76-12
Type of Operation: State Cattle Permit for 1200 milk cows
County: Randolph
OIC: Mr. Wayne L. Buttke
Contracted OTC: Mr. Michael A. Souther of Grassy Knob Farms
Incident History: Complaint investigation by DWQ on June 5, 2007 resulted in an NOV
for failure to abide by the CAWMP and the Cattle Waste Management
Permit. Animal waste was applied to within 2-3 feet of an unnamed
tributary to Caraway Creek (class C) off Old Marlboro Road and a
fresh water pond that flows into Back Creek (class WS-II, HQW) off
Old Courthouse Road.
Immediate action: DWQ received complaint on June 4, 2007. The complaint was
investigated on June 5, 2007 as a part of a previously scheduled
compliance inspection for Buttke Dairy. Ms. Rosebrock inspected
both application fields and contacted Mr. Wayne Buttke to inform him
of the application violations. Mr. Wayne Buttke instructed someone to
disk -in the application fields in question within 24- hours of DWQ's
visit. This was completed prior to any rain events. No waste was
observed in the stream at the time of the investigation.

Or VV r% /
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Mr. Wayne L. Buttke
Buttke Dairy Enterprises Inc.
5796 Walker Mi11 Road
Randleman, NC 27317
Michael F. Easley, Govemor
William G. Ross Jr., Ser91"y
North Carolina Department of Environment and Natural Res(Mces
August 30, 2007
SUBJECT: Show Cause Meeting: Buttke Dairy Enterprises Inc
Facility Number: 76-12, Randolph County
Dear Mr. Buttke,
Collen Sullins, Director
Division of Water QuaJifY
T13ank you for taking the time to meet with us to discuss the status of your animal waste operator
certification. Your candidness and honesty in answering the Division's questions regarding the
application events of June 5, 2007 was greatly appreciated- As communicated during our meeting, we
believe that there were several factors that led to the improper application of animal waste:
1. Inadequate knowledge and understanding of the waste plan and permit requirements by the
Operator in Charge (OIC) and contract applicator.
2. An unfamiliar land application site(s).
3. Inadequate training of those persons performing the actual application of waste.
4. Inadequate supervision and follow-up by the facility's OIC.
5. Inadequate supervision and follow-up by the contract applicator.
While we do not believe the above actions to have been committed willfully or intentionally, our
investigation concludes that the violations were a result of negligence, insufficient management, and lack
of experience by persons involved in applying animal waste. Your willingness during the Show Cause
Meeting to make the necessary changes to resolve these concerns was noted by Division staff.
As such, this office requests that you review your operational procedures and provide a wrirren
response w U.II 30 days as to how you propose to address each of the five factors listed above. You may
wish to consider developing a series of checklists or a wjitten field -training guide, implementing
competency requirements, modifying application techniques, or increasing the training requirements for
your employees. Your response should be sent to my attention at the address contained in this Ietterhead,
Upon receipt of a satisfactory written response, the Division will consider this matter "closed" with no
plans to pursue further action at this time.
Sincerely,
n j 441
Sherri V. Knight
Aquifer Protection Supervisor
Winston-Salem Regional Office
cc: APS - Central Files and RO FiJ
Mr. Jerry Rinuner (Supervision echnical Assistance and Certification Unit)
DWQ - APS-Anima! Feeding Operations Unit
North Carolina Division of Water Quality 585 Waughtown Street; Winston-Salem, NC 27107 Phone [phone]
Customer Service: 1-877-623-6748 Internet: www,newaterquality,org Fax [phone]
An Equal opporttmity/Affirmative Action Employer— 50% Rccycled/Io°/, Post Consumer PVer

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ARiL1N 9EJTTKE BUTTKE DAIRY ENTERPRISE
PRESIDENT
5796 VVALkPR MILL RD,
6022 WALKER MILL RD 1 SMIPPINGI
R6,NDLEMkN , NC 27-317
Sherri Knight
Aquifer Protection Supeivisor
Winston Salem Regional Office
Sept.27,2007
Sul.iect: Response to letter dated August 30,2007
Facility Number: 76-12, Randolph County
Dear Ms. Knight,
As for the inadequate knowledge and understanding of the waste plan and permit
requirements by the Operator in charge (OIC) and contract applicator. I have gorse over the waste
management plan & the penuit with the people spreading waste. There were some things that had
slipped my mind, but upon going back over the management & permit plan it made it easier to explain
what was wrong also how to fix it. I feel that everyone now has a clear understanding of the plan. I told
them if thev have any questions not to be afraid to ask.
As for being unfamiliar with land application sites or first application we went over•and
looked at the fields. We then decided where the boundaries should be before we start Spreading and if
there are any creeks or running water within the -allotted distance. We want to make sure we are
spreading on the right field.
As for the inadequate training of those persons performing the actual application of waste,
I have talked to the people that do the actual spreading of the manure. I have told them how far to be
from the roads, waterways, pond, residence, and wells. Plus they have a copy of the management &
pernvt plan. I told them to make sure that nothing nuns off the field. If in doubt don't spread until you
get.someone's opinion.
As for the inadequate supervision and follow-up by facility's OIC, I have been on site
more, and checked on the placement where they are spreading. I have also been in contact with the
people that own the land so I could get their opinion about applying the waste. I also nowhave a person
to double check on things when I'm not here. He has all my phone numbers so that if he thinks there
might be a problem he can get in touch with me right away.
As for the inadequate supervision and follow-up by contract applicators. I plan on
staying in close contact with the hauler, closer contact with them then in previous times. I have told
them if any they have any questions about which fields, boundaries to contact me before spreading. I
also told them. to make sure that their hired help knows the rules to get by. I have told them if any
problems arrive to please call me, I will come and evaluate the situation with them.
Sincerely, AM;P t `-
G • fo. ? of

Michael F. Easley, Governor
ot�F W A T �9Qt✓
D -C
Mr. Wayne L. Buttke
Buttke Dairy Enterprises Inc.
5796 Walker Mill Road
Randleman, NC 27317
William G. Ross Jr., Secretary
Nonh Carolina Department of Environment and Natural Resources
November 20, 2007
SUBJECT. Buttke Dairy Enterprises Inc -- Response to Show Cause Letter
Facility Number: 76-12, Randolph County
Dear Mr. Buttke,
Cohen Sullins, Director
Division of Water Quality
Our office has reviewed the responses from both you and Michael Souther (commercial applicator
for Buttke Dairy Enterprises, Inc.) following the Show Cause Meeting held at the Division of Water
Quality's Winston-Salem Regional Office. As stated in your letters, both you and Mr. Souther intend to
inspect the waste application sites more frequently than in the past and that you have reviewed the
application requirements contained in the permit and waste management plan with all those involved in
waste application. As you stated, there is also now someone to "double check on things" when you cannot
be on site. Our office also concurs with your plans to evaluate all new sites with the hauler prior to any
application of animal waste.
It is our belief that the above measures, if followed routinely, will ensure that animal waste is
applied per the animal waste permit. The Division considers this matter "closed" with no plans to pursue
further action.
Sincerely,
Sherri V. Knight
Aquifer Protection Supervisor
Winston-Salem Regional Office
cc: APS - Central Files and WSRO Files.
Mr. Jerry Ri mer (Supervisor, Technical Assistance and Certification Unit)
DWQ - APS-Animal Feeding Operations Unit
North Carolina Division of Water Quality 585 Waughtown Street; Winston-Salem NC 27107 Phone [phone]
Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/HOA Post Consumer Paper

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RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
March 21, 2012
CERTIFIED MAIL NO.7008 1300 0001 1938 6892
RETURN RECEIPT REQUESTED
Mr. Wayne L. Buttke
Buttke Dairy Enterprises Inc.
5796 Walker Mill Road
Randleman, NC 27317
SUBJECT: Show Cause Meeting: Operator Certification #22101
Buttke Dairy Enterprises Inc, Permit Number AWB760012,
Randolph County
Dear Mr. Buttke,
Dee Freeman
Secretary
Thank you for meeting with Division staff to discuss the status of your animal waste operator
certification. The proposed operational 'changes that you and Mr. Koopman described during the Show Cause
Meeting should help to improve Animal Waste Management compliance.
However, our investigation also concludes that the current and previous waste application violations were
the result of negligence, insufficient management, and lack of experience by persons directly involved in the
application of animal waste. As this was the second Show Cause Meeting in the last five years, we believe further
action is warranted by the Water Pollution System Operators Certification Commission and have submitted a
disciplinary package for their review. Our recommended action is a two year suspension of your Animal Waste B
certification.
The following are potential actions that may be taken by the Commission: 1) a written reprimand; 2)
approval of the two year recommended suspension or an alternative time frame; 3) revocation of the operator
certification; or 4) no action. The Commission will contact you by mail with further information regarding the
meeting date, time, and location.
Sincerely,L
t Z t L /- Dull
Sherri V. Knight
Aquifer Protection Supervisor
Winston-Salem Regional Office
cc: WSRO Files
DWQ-APS-Animal Feeding Operations Unit
Mr. Jerry Rimmer (Supervisor, Technical Assistance and Certification Unit)
585 Waughrown Street, Winston-5aiem. North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1-877-623.6748
Intenwt www.newaterauality.org
Am Equal Opportunity 1 A.fF,mtrve.Ac5an Employer
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DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WINSTON-SALEM REGIONAL OFFICE
March 16, 2012
MEMORANDUM:
To: Jerry Rimmer, Supervisor, Technical and Certification Unit Supervisor
From: Melissa Rosebrock I~'
Subject: LRecommendation. for. Di sciplinary_Action
Wayne Buttke -- Certification #AWB2210I
Buttke Dairy Enterprises, AWC760012
Randolph County
Please find documents attached supporting the Winston-Salem Regional Office recommendation
for disciplinary action against Wayne Buttke, OIC for Buttke Dairy Enterprises. Our records
indicate several years of repeated non-compliance by Buttke Dairy Enterprises. Violations range
from 1) over -application of PAN; 2) inadequate freeboard; 3) run-off of waste; 4) failure to
properly land -apply waste; 5) applying animal waste during a precipitation event; and 6) a direct
discharge to waters of the State during an application event.
The OIC has not properly managed and supervised the daily operation and maintenance of the
entire system as prescribed in the permit. Specifically, the OIC has not been visiting and
inspecting the animal waste management system for the Koopman Dairies portion of the
operation at a frequency sufficient to ensure that animal waste is applied in accordance with the
CAWMP and the permit. In his absence, the OIC has not formally designated a person under his
supervision to inspect the land application site during the application of animal waste. Our
investigation concludes that the violations have been the result of negligence, insufficient
management, and lack of experience by the persons involved in applying animal waste.
With the information that we have submitted, it is clear that Mr. Wayne Buttke consistently fails
to properly use reasonable care and judgment in the performance of his duties as an animal waste
operator and as an Operator in Charge. Mr. Buttke also consistently fails to apply his knowledge
and/or ability in the performance of his duties. We therefore request that you initiate appropriate
action from your office and forward the attached package to the Chairman of the Water Pollution
Control System Operators Certification Commission.
The following items are being transmitted for your review:
A) 2012 Show Cause Meeting Documents
B) 2012 Discharge Violations and Enforcement Documents
C) 2011 Violations and Enforcement Documents
D) 2007 Violations and Show Cause Meeting Documents
Attachments
cc: Winston-Salem Regional Office Facility Files

Rosebrock, Melissa
From; Rimmer, Jerry
Sent: Friday, March 16, 2012 1:38 PM
To: Rosebrock, Melissa
Subject: RE: Buttke OIC Enforcement Action Initiation Form
Sounds good to me. include the term on the recommendation form. Thanks! Send the package and we will get
information to the commissioners and to Mr. Buttke. Also, please send Mr. Buttke a letter from WSRO that he has been
recommended for disicplinary action (2 years suspension) and the WPCSOCC will be contacting him soon .
Thanks!
Jerry F. Rimmer, Supervisor
NCDWQ, Technical Assistance & Certification Unit
919-733-0026 x309
e-mail Address: ![e-mail]
Address: (Mail)1618 Mail Service Center, Raleigh, NC 27699-1618
(Physical) 219 E. North Street, Raleigh, NC 27601
web page: "httr)://portal.ncdenr.org/web/­wq/admin/tacu "
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
shared with third parties.
From: Rosebrock, Melissa
Sent: Friday, March 16, 2012 1:33 PM
To: Rimmer, Jerry
Subject: RE: Buttke OIC Enforcement Action Initiation Form
2 years
Melissa Rosebrock
E-mail Address: melissa.rosebrock a ncdenr.gov
NCDENR Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
[phone]; fax [phone]
www.ncwaterguality.org
E-mail correspondence to and from this address may be subject to the
North Carolina public Records Law and may be disclosed to third parties.
From: Rimmer, Jerry
Sent: Friday, March 16, 2012 1:30 PM
To: Rosebrock, Melissa
Subject: RE: Buttke OIC Enforcement Action Initiation Form
Then lets proceed. You pick the term in recommendation form. Thanks!
Jerry F. Rimmer, Supervisor
NCDWQ, Technical Assistance & Certification Unit

919-733-0026 x309
e-mail Address: 'err .rmmer ncdenr. ov
Address: (Mail)1618 Mail Service Center, Raleigh, NC 27699-1618
(Physical) 219 E. North Street, Raleigh, NC 27601
web page: "http.://portal.ncdenr.org/web/wa/admin/tacu "
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
shared with third parties.
From: Rosebrock, Melissa
Sent: Friday, March 16, 2012 1,25 PM
To: Rimmer, Jerry
Subject: RE: Buttke OIC Enforcement Action Initiation Form
I actually asked him that question. He stated during the 2012 Show Cause that he could easily get someone
else to "sign on" as OIC.
Melissa Rosebrock
E-mail Address: [e-mail]
NCDENR Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
[phone]; fax [phone]
www.ncwaterguality.org
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records taw and may be disclosed to third parties.
From: Rimmer, Jerry
Sent: Friday, March 16, 2012 12:55 PM
To: Rosebrock, Melissa
Subject: RE: Buttke OIC Enforcement Action Initiation Form
I believe since you met with Mr. Buttke in 2007, this case merits review for at least suspension. He should have
discovered the application in the rain and discussed with the applicator to insure it was properly applied in the future.
Add your recommendation for suspension term ( 1 year, 2 or 3). What are OIC options available for the Dairies if Mr.
Buttke cannot be OIC for several years?
Jerry F. Rimmer, Supervisor
NCDWQ, Technical Assistance & Certification Unit
919-733-0026 x309
e-mail Address: [e-mail]
Address: (Mail)1618 Mail Service Center, Raleigh, NC 27699-1618
(Physical) 219 E. North Street, Raleigh, NC 27601
web page: "http://portal.ncdenr.orglweblwgladminitacu "
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
shared with third parties.

";�I , , _:
From: Rosebrock, Melissa
Sent: Friday, March 16, 2012 12:29 PM
To: Rimmer, Jerry
Cc: Buffington, Beth
Subject: Buttke OIC Enforcement Action Initiation Form
See attached. If appropriate, I will send all the many pages of supporting documents. Thanks for your
assistance.
Melissa
Melissa Rosebrock
E-mail Address: melissa.rosebrockl2ncdenr•aov
NCDENR Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
[phone]; fax [phone]
www,ncwgterquality.org
E-mail correspondence to and from this address may be subject to the
North Carolina public Records taw and may be disclosed to third parties.

OPERATOR ENFORCEMENT ACTION INITIATION FORM
Date of initiation of action March 14, 2012
Action being initiated by (name) Melissa Rosebrock — Environmental Specialist _ of the
DWQ - Winston-Salem Regional Office - Aquifer Protection Section
Operator's Name Wayne Buttke
Operator's Employer Buttke Dairy Enterprises ^�
Recommended Action:
Written reprimand
XX Suspension
recommended duration of suspension 2 years
Revocation
Justification for recommendation:
Practicing fraud or deception in the performance of their duties;
XX Failure to properly use reasonable care or judgment in the performance of their duties;
XX Failure to apply their knowledge or ability in the performance of their duties;
Incompetence or the inability to properly perform their duties.
Show cause meeting held (time, date and location) A show Cause meeting was held at the WSRO on February
17, 2012 at 1:00pm. Mr. Wayne Buttke and Mr. Ard Koopman were in attendance, along with DWQ staff.
Justification Summary (please attach supporting documentation) Mr. Wayne Buttke is the Operator in Charge
for Buttke Dairy (AWC760012), a Type B Animal Waste Management System in Randolph County. He is also
the brother of Mr. Arlin Buttke, permittee_ and owner of Buttke Dairy Enterprises. Wayne Buttke has been the
OIC for Buttke Dairy since 1999.
Of note: Mr. Ard Koopman leases and manages Koopman Dairies, another cattle operation residing on the
property governed by the same Cattle Waste Management. System General Permit as Buttke Dairy. Wayne
Buttke is the OIC for both dairies (one on each side of the road). Both dairies, therefore, share the same OIC,
permit, waste plan, and application fields. The milking parlors and waste ponds are physically separate,
however.
A complaint investigation by DWQ on .tune b, 2007 resulted in an NOV for failure to abide by the Certified
Animal Waste Management Plan (CAWMP) and the Cattle Waste Management Permit. Although DWQ
received the complaint on June 4, 2007 it was investigated_ on June 5, 2007_as_a part of a previously scheduled
compliance inspection for Buttke Dairy Enterprises. After the paperwork and onsite portion of the inspection,
the OIC stated that DWQ was welcome to observe the waste application activities being conducted on two of
the fields. DWQ visited the two fields, unaccompanied by the OIC, and documented that animal waste was
being applied within 2-3 feet of an unnamed tributary (class C) and a fresh water pond (class WS-Ij,_ HQW) by
a contact applicator. DWQ contacted Mr. Wayne Buttke to inform him of the violations. As a result of the
circumstances surrounding the violations, a Show Cause Meeting was arranged to allow the OIC an
op opt rtunity to explain the application activities.

Following the Show Cause Meeting in June 2007. DWQ requested that the OIC review his operational
procedures and provide a written response. In his response to DWQ, Mr. Wayne Buttke stated that he
"intended to inspect the waste application sites more frequently than in the past and that he had reviewed the
application requirements contained in the permit and waste management plan with all those involved in waste
application." The OIC also stated that there is now someone to "double check on things" when he could not be
on site.
A recent investigation by DWQ on December 7, 2011 resulted in a Civil Penalty assessment of $2000 (plus
costs) levied against Buttke Dairy Enterprises for: 1) applying animal waste during a rain event: 2) on land
saturated with water: 3) which resulted in excessive ponding and run-off. In this situation, DWQ staff happened
to be in the area and observed two loads of waste from Koopman Dairies being applied in the rain. Neither the
OIC, the permittee, nor Mr.Koopman was present during the application events. -
Another complaint investigation by DWQ_ beginning on January 7, 2012 resulted in an NOVINOI for: 1)
discharging to surface waters without a permit: 2) failure to operate as a non -discharge facility: 3) failure to
properly operate the land application field: 4 failure of the person under the supervision of the OIC to insure
that the animal waste is land applied per the CAWMR 5 failure to maintain buffer strips near the land
application area: and 6) failure to apply waste on land not saturated with water.
In the case mentioned above, waste was being land -applied within 15 feet of surface waters on soft, saturated,
land when the application equipment became stuck. The driver reportedly forgot to turn off the PTO and the
discharge of at least 400-500 gallons of animal waste occurred. The driver was not an OIC or back-up OIC, no
was he operating under the direct supervision of an OIC. Neither Mr. Koopman, the permittee, nor Wayne
Buttke was present when the application and subsequent discharge occurred. In fact, the OIC was out-of-town
during this time.
Randolph County Emergency Management received the January 7. 2012 discharge complaint from a citizen
and promptly responded. Mr. Koo man and Mr. Otto Buttke a ne's son had already be -gun constructing an
earthen berm to help contain the waste prior to the arrival of Randolph County_Eme[gency Management staff.
Although there was opportunity for the OIC to be made aware of the discharge and to report it to DWQ, neither
Mr. Koopman the permittee, nor the OIC contacted DWQ regarding this discharge. Once onsite Randolph
County Emergency Management stated that they would call the DWQ "on -call" person in Raleigh and notify
them of the discharge event. An enforcement_ package for this event has been sent to APS Central Office for
probable civil Penalty assessment s
A_ second Show -Cause meeting was held February V. 2012 at the WSRO. Many specifics were discussed
such as: 1 the equipment driver's ex erience; 2 how and where the decision to apply waste occurs on a
weekly and daily basis: and 3) the communication that occurs and doesn't occur between the OIC, the
Koopman Dairies owner, and various full-time employees, sub -contractors and temporary employees.
Results of the February 2012 Show Cause Meeting indicate that the OIC has a general understanding of the
CAWMP and the Permit and is fulfilling his responsibility as OIC-for the Buttke Dairy portion of the permit only.
And while we do not believe the above actions to have been committed__willfully or intentionally, our
investigation concludes that the violations have been the result of negligence, insufficient management, and
lack of experience by the persons involved in applying animal waste.
The 01C has not properly managed and supervised the daily operation and maintenance of the entire system
as prescribed in the permit. Specifically, the OIC has not been visiting and inspecting the animal waste
management system for Koopman Dairies at a frequency sufficient to ensure that animal waste is applied in
accordance with the CAWMP and the permit. In his absence, the OIC has not formally been designating a
person under his supervision to inspect the land application site during the application of animal waste. With
the information submitted it is clear that Mr. Wayne Buttke consistently fails to properly use reasonable care
and judgment in the performance of his duties as an animal waste operator and as an Operator in Charge. Mr.
Buttke also consistently fails to apply his knowledge and/or ability in_the_performance of his duties

2012
Show Cause Meeting
Documents
Attachment A

PIMA
PA
rfflENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakiid, P. E.
Govemor
Director
January 18, 2012
CERTIFIED MAII. NO, 7008 1300 0401 1938 6878
RETURN RECEIPT REQUESTED
Mr. Wayne L. Buttke
1878 Meadow Lake Lane
Sophia, NC 27350-8782
Subject: Show Cause Meeting
Certification: A WB 21-101
Dear Mr, Buttke:
Dee Freeman
Secretary
You are hereby requested to attend a show cause meetingtD be held at the Winston Salem
Regional Office on February 17, 2012 at 1:00 pm to discuss matters concerning your
certification as an Animal Waste Management System Type B operator and possible disciplinary
actions, which have been considered by this office. This meeting is to allow you an opportunity
to explain the circumstances involved in the operation and mainti;mance of Buttke Dairy
Enterprises (AWC760012). Specific items to be discussed will be the recent occurrences of
improper application of animal waste.
Please call our office upon receipt of this letter in order to inform us of your willingness
to comply with this request. Should you have .questions regarding this matter, please do not
hesitate to contact Ms. Melissa Rosebrock or me at [phone].
Sincerely,
Sherri V. Knight
Aquifer Protection Regional Supervisor
Winston-Salem Regional Office
Division of Water Quality
cc: Jerry Rimmer,,S4pervisor - TACU, Raleigh
iW_97K A §iPh %
Animal Feeding Operations Unit
565 h1aughtwn Street 1Nitsbn-Ucem. North Camlina 27107
Phase: 336-771-SM 1 PAX. 336-77 146311 Cusromer SeMOEe:1-a i r Z2WF 43
3ntesne u�> :x �ai'ata 3Ti j
�7Ol�i'
An Equal Cippotkunity 1 AffirmaM Arlon B7plW&r 1 `Y Qirt �y, l Carol}
in a
^!•1 of

Tentative Format for Show Cause Meeting 02-17-12
• Introductions & sign in sheet
Melissa
• Explain format and purpose of meeting
Beth
o To address concerns over role /
responsibility of contract operator,
farm manager and OIC in findings of
investigation
o Strictly a fact-finding meeting - no
formal action or final decision
• Present findings of site investigation
Melissa
• Request operator explanation of events
o Applicator/Farm Manager
o OIC
• Discuss observed or perceived problems
Melissa, others
and ask questions
o OIC
o Farm Manager
• Explain possible outcomes
Beth
o No further action
o Refer to WPCSOCC for disciplinary
action. Recommend:
■ Letter of reprimand
a Suspension of certificate(s)
■ Revocation of certificate(s)
o Other
• Wrap-up and close
Melissa 1 Sherri

Buttke Dairy Show Cause Meeting
WSRO
February 17, 2012 —1:00 PM
Name of Permittee: Buttke Dairy Enterprises
Owner: . Mr. Arlin Buttke
Facility Number: 76-12
Type of Operation: State Cattle Permit for 1600 milk cows
County: Randolph
OIC: Mr. Wayne L. Buttke
Applicators: Mr. Jake Pearson (December 2011) — not certified
Mr. Matt Pearson (January 2012) — not certified
Incident Histories: #1 - December 7, 2011
Complaint investigation by DWQ on December 7, 2011 resulted in a
Civil Penalty assessment of $2000 plus costs for applying animal
waste during a rain event, on a land saturated with water, which
resulted in excessive ponding and run-off.
#2 — Janua 7 2012
A complaint investigation by DWQ beginning on January 7, 2012
resulted in NOV/NOI for: 1) discharging to surface waters without a
permit; 2) failure to operate as a non -discharge facility; 3) failure to
properly operate the land application field; 4) failure of the person
under the supervision of the OIC to insure that the animal waste is
land applied per the CAWMP; 5) failure to maintain buffer strips near
the land application area; and 6) failure to apply waste on land not
saturated with water.
Waste was being land -applied within 15 feet of surface waters when
the application equipment became stuck in wet soil. The applicator
reportedly forgot to turn off the PTO and the discharge occurred.
DWQ is currently reviewing the case.

Immediate Action: #1 December 7, 2011
After observing the application of waste during a rainfall event, it was
DWQ determined that the waste originated from Mr. Koopman's
dairy. At our request, an earthen berm was created that successfully
excluded the run-off from surface waters.
#2 — January 7, 2012
Randolph County Emergency Management received a complaint call
that was relayed to the DWQ on -call staff person in Raleigh
concerning 400-500 gallon discharge on January 7, 2012. Mr. Ard
Koopman and Mr. Otto Buttke promptly began trying to contain as
much of the -discharge as possible through the use of an earthen berm.
Mr. Wayne Buttke, OIC, was not present when the application and
discharge occurred.
DWQ-WSRO was made aware of the complaint on January 9, 2012
and began their investigation the same day. Ms. Rosebrock and Mr.
Mitchell inspected the application field and containment efforts. Due
to wet soil conditions along the stream, the berm could not be
constructed to exclude any of the waste applied or discharged within
15 feet of the stream. The downstream fecal coliform count was 1,500
col/ 100 mL. The remaining waste still has the potential to run-off into
the stream.
Previous Show -Cause: Complaint investigation by DWQ on June 5, 2007 resulted in an
NOV for failure to abide by the CAWMP and the Cattle Waste
Management Permit. Animal waste was applied to within 2-3 feet of
an unnamed tributary to Caraway Creek (class C) and a fresh water
pond that flows into Back Creek (class WS-11, HQW).

I'e'as'edt
KQ0pma'n
vintil 7n A
Chris Cass
Owner and Permittee
#99-05
.Mafhew Pearson's
son,
misapplies waste
1/1/2012
causing discharge
6f.200 -5 00 -gal.

Arlin Buttke
Ovvnec
Perm�ttee ,:
Sold to Ard
Koopman
1/15/12
Drganizational Chart 2C
e
North side
Mathew
of Walker Mill Rd. _
Pearson's
managed by Arlin:-.
son,,,
476-12
Buttke -
applies waste
Buttke Dairy
'
Enterprises
South -`side
Koopman,
in, rain
.: Wayne.
of Walker Mill
-contracts
2/23/2011
Buttke-OIC
Rd:
with
#76-60
L leased to Ard
.Mathew Pearson
Mathew Pearsori's
Kings llll�ll,
Koopmari
for. land '
son,%,,
until 2014
applicatEon
aka-Meredk
misapplies.waste
Chas GassT%7/2012
. '. .
-:: OlC_:
;Jcausing discharge
of 200-500 gal:

2012
Discharge Violations
"t"
Enforcement Documents
Attachment B

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
March 16, 2012
MEMORANDUM:
To: Keith Larick
From: Sherri Knight�s.Ss�
Melissa Rosebroc "ILI"
Subject: Recommendation for Civil Penalty
Case # PC-2012-0009
Buttke Dairy Enterprises, AWC760012
Randolph County
Please find documents attached supporting the Winston-Salem Regional Office request
for a civil penalty assessment against Arlin Buttke and Ard Koopman, jointly and severally, for:
1) making an outlet to the waters of the State without a permit; 2) failing to operate the dairy as a
non -discharge facility; 3) failing to insure that animal waste was applied in accordance with the
CAWMP; 4) failing to maintain buffer strips near land application areas; and 5) failing to apply
on land that is not saturated with water.
Arlin Buttke is owner of Buttke Dairy Enterprises, to which the Cattle Waste
Management System General Permit is issued. Ard Koopman, lessee, is the owner of Koopman
Dairies, Inc. and operates Koopman Dairies on the same property as that governed by Mr.
Buttke's permit (see attached Organization Chart).
WSRO-APS staff determined that an unpermitted discharge of waste from the Koopman
Dairies operation occurred on January 7, 2012 when the driver of the slurry truck became stuck
in soft, saturated, ground near the stream and then reportedly forgot to turn off the application
equipment. The discharge was reported by a citizen to the Randolph County Office of Emergency
Management. Of note: no one associated with the Buttke or Koopman Dairies reported the
discharge to DWQ prior to the notification by Emergency Management.
DWQ Winston-Salem Regional office (WSRO) staff visited the site on January 9, 2012,
and observed that: 1) animal waste had been land applied to within 15-feet of the UT; 2) animal
waste was still present in the UT; 3) an earthen berm was constructed about 15 feet from the
stream; 4) the upstream fecal coliform result was 15 colonies/l00 mL and the downstream was
1,500 colonies/100 mL.
Our records document several years of repeated non-compliance by Buttke Dairy
Enterprises. Violations range from over -application of PAN, inadequate freeboard, run-off of
waste, failure to properly land -apply waste and applying animal waste during a precipitation
event in December 2011. We request that you initiate appropriate action from your office and

forward the attached package to the Aquifer Protection Section Chief The following items are
being transmitted for your review:
A) A completed "Findings and Decisions and Assessment of Civil Penalties."
B) A completed "Water Quality Enforcement Case Assessment Factors."
C) Most recent correspondence between violators and DWQ, including a copy of the
"NOV/NOI letter."
D) Photographs depicting the violations.
E) Laboratory results,
F) Conservation and Soil maps denoting the location of the discharge.
Please contact Melissa Rosebrock in our office at [phone] for any additional
information you may need.
Attachments
cc: Winston-Salem Regional Office Facility Files

AL`'
�
MENR
North Carolina Department of Environment and Natural Resources
Bevedy Eaves Perdue
Governor
Division of Water Quality
Charles Wakild, P. E.
Director
January 19, 2012
CERT11UD MAIL # 7008 1300 0001 1938 6854
RETURN RECEIPT REQUESTED
Mr. Arlin Buttke
Buttke Dairy Enterprises
5796 Walker Mill Road
Randleman, NC 27317
CERTIFIED MAIL # 7008 1300 0001 1938 6861
RETURN RECEIPT REQUESTED
Mr. Ard Koopman
Ard Koopman Dairies
204 Loyd Road
Statesville, NC 28625
SUBJECT: Notice of Violation/Notice of Intent to Enforce
Permit Condition Violations =- NOV-2012-DV-0026
North Carolina General Statute Violation
Certificate of Coverage ##AWC760012, Facility #76-12
Parcel ID: 7745250024
Randolph County
Dear Messrs. Buttke and Koopman:
Dee Freeman
Secretary
On January 7, 2012 the North Carolina Emergency Operations Center in Raleigh received a
complaint alleging a liquid manure spill on Beeson Farm Road in Randolph County. Randolph
County Emergency Management Coordinator, Captain Jared K. Byrd, was notified of the
complaint and promptly responded to the scene.
Division of Water Quality (DWQ) staff has determined that waste from your dairy operation
located on the south side of Walker Mill Road was being applied onto pasture land in Tract-2159
Fields 1 and 7 (owned by Richard D. Hollingsworth) when the slurry truck became stuck in some
soft, saturated, ground near an unnamed tributary (UT) to Caraway Creek (class C waters of the .
State). Mr. Ard Koopman, manager of the dairy from where the animal waste originated,
estimates that between 400-500 gallons of animal was pumped onto the ground before the driver
WinstonSalern Regional Office
585 Waughtown Street WinstonSaiem. NC 27107
:=hone- 336- 71-5000 ti FAX: 336a rr 1-4631
KDENRCustomer Seraicc1-Ft 7-62V-834&
trrtern,i wti�r .n dSetuaiit�.ora
4tle
NdfthCarolina
-.i FGua,' C'.Tpoo up!i?y' i Ifmr..;ti, e .- [don Ernp!oia,

A. Buttke tt
January 19, 2012
Page 2 of 4
reportedly "remembered to shut the equipment off' (see Mr. Byrd's report, attached). It is
estimated that 200-300 gallons of animal waste was illegally discharged into the UT.
DWQ Winston-Salem Regional office (WSRO) staff visited the site on January 9, 2012, and
observed that: 1) animal waste had been land applied to within 15-feet of the UT and 2) animal
waste was still present in the UT. As previously cited (June 2007 Notice of Violation), the
Certified Animal Waste Management Plan (CAWMP) states that animal waste is NOT to be
applied closer than 25' to perennial waters.
Our investigation confirms that an earthen berm was constructed, reportedly within a few hours
of the spill, in an attempt to prevent the additional discharge of animal waste into the stream.
However, due to wet soil conditions along the stream, the berm could not be constructed to
exclude any of the waste pumped/discharged within 15 feet of the UT. The remaining waste has
the potential to run -of from,the 15-foot un-bermed area and into surface waters, especially
during rain events_
Stream samples were obtained and analyzed for fecal coliform bacteria. The sampling site
located upstream of the application field resulted in 15 colonies/ 100 mL while the downstream
location had 1,500 colonies/l00 mL. The North Carolina water quality standard for fecal
coliform is 200 colonies/100 mL (maximum). There is the possibility for future civil penalty
assessments should DWQ obtain a required total of five samples within 30 days that result in a
geometric mean greater than 200 colonies/100 ml. There were no violations of the pH or
dissolved oxygen standards on the date of our site investigation.
During the course of our investigation, the "concrete", "large side" and "small side" waste
storage structures were found to have at least six, four, and eight feet of volume, respectively,
prior overtopping or discharging through a spillway. Additionally; there were no immediate
threats to the integrity of the structures. The waste storage capacity was, therefore, more than
adequate at the time of the misapplication and subsequent discharge into the UT.
Violations
The non -compliant application event and subsequent unpemutted discharge cited above violates
NC General Statute (NCGS) 143-215.1 and several conditions of the Cattle Waste Management
System,General Permit. Specifically:
NCGS 143-215.1 (a) - which reads "Activities for Which Permits Required. --No person shall
do any of the following things or carry out any of the following activities unless that person has
received a permit from the Commission and has complied with all conditions set forth in the
permit: (1) Make any outlets into the waters of the State."
Permit Section 1. 1. - Failure to operate the facility as a non -discharge system and
prevent a discharge of waste that reaches surface water, wetlands, or by other means of
conveyance that drains to surface water or wetlands.
Permit Section EL 1. - Failure to properly operate the land application field.

A. Buttke
January 19, 2012
Page 3 of 4
17. - Failure of the person under the supervision of the OIC to insure
that the animal waste is land applied in accordance with the
CAWMP.
20. - Failure to maintain buffer strips aear land application areas.
21. - Failure to apply waste on land that is not saturated with water.
Our records indicate that two Notices of Violation (NOV) were previously issued to Buttke
Dairy Enterprises (June 2007 and December 2011) for non -compliant application events.
Of note is the fact that, in the prior' and current instances of misapplication, the animal waste
originated from that portion of the farm leased to and managed by Mr. Koopman.
Corrective Actions:
1, If you have not already done so, immediately cease application methods of animal waste
that causes or contributes to the unpermitted discharge and take all necessary steps to
insure this violation does not reoccur.
2. In the future, you must notify DWQ within 24 hours of the occurrence of any reportable
events in accordance with your permit (Section III. 9 and 13.). While we are aware that
Mr. Byrd stated that he would notify DWQ of the discharge, it is the responsibility of the
permittee to do so as well.
3. In the future, you must file a written report to the WSRO within five (5) calendar days
following first knowledge of occurrences (i.e. discharge) outlined in Section 1H.13. of the
permit. Our office is in receipt of your report filed January 19, 2012 after being re -sent
due to a technical problem.
4. In the future, a waste sample must be obtained within seventy-two (72) hours following
first knowledge of a discharge to surface waters or wetlands, from the source storage
pond, and shall be analyzed for the minimum parameters which are stated in Section
III.9.£ of the permit. Our office has noted that the samples were presented to the
laboratory for analysis on January 13, 2012. The results must be submitted to our office
within thirty (30) days of the discharge event.
5. The following items must be submitted within 30 days of receipt of this Notice:
a. A completed SLUR-1 and SLUR-2 form for Tract 2159 Fields 1 and 7 regarding any
applications made in 2011 - present.
b. A copy of all waste analyses obtained within 60-days of January 7, 2012.
c. On -farm precipitation records for January 6-8, 2011.
6. Per the permit (Section 1.17.), the OIC (W. Buttke) must delegate the OIC responsibility
to Mr. Koopman (or the contractor), OR he must be present on -site when waste is
applied.
It is suggested that a back-up OIC be designated as well. Due to the size, scale, and separate
arrangement of the operations under one permit, ibis office believes animal waste management
can be improved by the presence of two certified operators.

A. Buttke
January 19, 2012
Page 4 of 4
This office is considering recommending an assessment of civil penalties against Buttke Dairy
Enterprises and Ard Koopman, jointly and severally, for the above referenced violations. If you
wish to present an explanation for the violations cited, or if you believe there are other factors
which should be considered; please send such information to me in writing within thirty (30)
days following receipt of this letter. Your explanation will be reviewed, and, if an enforcement
action is still deemed appropriate, your explanation will be forwarded to the Director with the
enforcement package for their consideration.
Your written response should be sent to my attention at the address shown on the letterhead. Be
advised that NC General Statutes provide for penalties of up to $25,000 per day per violation as
well as criminal penalties for violations of state environmental laws and regulations.
Your immediate attention is greatly appreciated. If you have questions concerning this Notice,
please contact Melissa Rosebrock or me at [phone].
cc: APS Animal Feeding Operations Unit
Mr. Wayne Buttke — OIC, Buttke Dairy Enterprises
Randolph County MRCS
WSRO Facility Files
0 NEWCoMPL�TE rNfS
SENDER: PcOMPL6TE rH1S SECTION mw-!VSAM
late items 1, 2, and 3. Ai`s`o complete,
Camp Delivery is'desired:.;;:.
item 4 if Restricted an the reverse .
o printyour name and address
sottiat we can return the card to you. r-
Attach.thls card to the back of the M61108ce,
or on the front if space permits:
1. Article Addressed to:
Sincerely,
Sherri V. Knight
Regional Supervisor
Aquifer Protection Section
prfratad Name c. pate of Dellvery
Received.b (
Yes
�. Is dp elhre+y address dint imm Item 17 3 No ,
if YEs; enter dellvary address below:._
Mr. Arlin Buttke
Buttke Dairy Enterprises
3.' S ICe, hype - .
5796 Walker Mill Road e as MN ; o E�cpress Mgll
Randleman, NC 27317 ❑;Ragietered . p ReturnReceiptfor Merchendlse .
[] Insured Mail ❑ C,O.n.
4. Restricted 0 'llver�(i :m r-ee) 1]• Yes
54
2; 7 0 0 8 1300 [! 6 19 3$ t] 8
• 102595.92•M-i sao

Randolph County
DEPARTMENT OF
EMERGENCY SERVICES
152 N. Fayetteville St Ph: 336-318-6911
Asheboro, NC 27203 Fax: [phone]
Office of Emergency Management
January 9, 2012
Melissa Rosebrock
Division of Water Quality
RE: Beeson Farm Rd Incident
Randolph County Emergency Management was notified at 12:48PM on in/2012 by the North
Carolina Emergency Operations Center of a citizen complaint concerning a liquid manure spill
near the residence of 4624 Beeson Farm Rd.
I called the complainant (Mr. T.R. Hollingsworth) to obtain the information related to the
incident and responded to the scene, arriving at 2:39PM. Upon my arrival Mr. Hollingsworth
took me to a nearby field where the incident occurred. There I met Mr. Mark Hollingsworth, the
land owner, and Mr. Ard Koopman, who was in the process of attempting to contain the spill
with his staff. Mr. Otto Buttke also was on scene (arrived later).
Mr. Koopman advised that the field was being sprayed with liquid manure when the truck
became stuck in som4-5—o gmimd1pear a small creek. The liquid manure continued to pump onto
the ground "for several seconds" before th oe gyrator rem mennbe ed=to s ut;thereguipmept:ap Mr.
Koopman estimated that between 400-500 gallons of the product was pumped on the ground. Mr.
Koopman also advised that they were waiting for a trackhoe to arrive so they could build a
containment berm.
Upon surveying the area, Mr. Koopmans story seemed consistent with what was noted. The
ground was$softZ.Mpist and saturated with liquid manure which had contaminated the nearby
stream. The water in the stream was a light brownish color in the immediate area of the spill. Mr.
T.R. Hollingsworth had advised that he had also noted the same appearance at least 3/a of a mile
downstream. Mr. Hollingsworth also advised that the adjacent land owners downstream had been
notified of the spill so that they may prevent livestock from using the stream as a watering
source.
Wthenmade:conWt7witW-Sara MdirisonY(DWQ;o�T=ca11) a %W.her oPthep, ituation-and our
intentions of constructing a dirt berm to prevent any more contamination of the stream, to which

she agreed. Ms. Morrison advised that someone from DWQ would respond to follow up on
Monday (1/9/2012).
I remained on scene until the trackhoe arrived and constructed the dirt berm. All parties involved
were satisfied with the action taken until the incident could be followed up with this week by
DWQ.
Below is a map of the incident location. The red circle indicates the area of the spill.
If you need any further information, please do not hesitate to contact me.
Respectfully,
44-4 /C5)t�
Captain Jared K. Byrd
Emergency Management Coordinator
Randolph County Emergency Services
(0)336-318-6913 or (C) 336-301-6580
[e-mail]

Jan 19 12 Uf:3/a
M
W
./Vj
• _ate j

Koopman Dairies, Inc.
204 Loyd Road
Statesville, NC 28625
Winston Salem Regional Office
ATT. Sherri V. Knight
585 Waughtown Street,
Winston Salem, NC 27107
February 6, 2012
Subject, Notice of Violation- NOV-2012-DV-0026
Dear Mrs Knight,
RECEIM)
h'.=. Deas. of EHR
FEB a 8 2012
VJinstc�n.Saiem
Rct}ionaf �t;e
We would like to respond to the NOV dated January 19'h 2012. We sincerely regret the incident,
however we do believe it was an accident. Our actions after the incident were well managed and
Hopefully prevented the spill from contaminating even more. Ard Koopman was on the site within 30
minutes and immediately started building a containment berm with the help of shovels and a payioader.
Later the tracklioe arrived to finish the job.
In order to make our manure operators even more aware and knowledgeable of their job we have
invited Marti Day, Corporate Extension Agent, to give the "Operator in Charge" training to all people
involved in our manure handling. This training will take place on February 20`h and 21".

We try to handle our manure in a responsible manner, which is one of the reasons why we try to spread
manure based on weather conditions, forecasts and land availability. We do not like to be in the position
in which we have to spread manure because our storage ponds are too full. Therefore we do not agree
with the argument that we should not spread manure because our storage ponds are not an immediate
threat. Our goal is to avoid a situation like than
We hope you understand that we do our best every day to be good stewards of this operation and will
do everything in our power to avoid contamination in the future.
Sincerely,
Koopman Dairies Inc by
Monique Koopman

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STATE OF NORTH CAROLINA
COUNTY OF RANDOLPH
IN THE MATTER OF
ARLIN BUTTKE
AND
ARD KOOPMAN
FOR VIOLATION OF
NCGS 143-215.1(a)(1)
FOR MAKING AN OUTLET TO ;
THE WATERS OF THE STATE ;
OF NORTH CAROLINA
J
WITHOUT A PERMIT
FOR VIOLATIONS OF CATTLE WASTE )
MANAGEMENT SYSTEM )
GENERAL PERMIT AWG200000 )
PURSUANT TO NORTH CAROLINA )
GENERAL STATUE 143-215.1 )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
FILE NO. DV-2012-0009
FINDING AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality (DWQ), I, Theodore L. Bush, Jr., Chief of the
Aquifer Protection Section of the DWQ, make the following:
1. FINDINGS OF FACT:
A. Arlin Buttke owns and operates Buttke Dairy Enterprises, a permitted cattle operation in
Randolph County.
B. Ard Koopman leases and manages Koopman Dairies, another cattle operation residing on the
property governed by Mr. Buttke's Cattle Waste Management System General Permit.
C. Arlin Buttke was issued Certificate of Coverage AWC760012 by the Division of Water Quality,
under General Permit AWG200000 for Buttke Dairy Enterprises on October 1, 2009, effective
upon issuance, with an expiration date of September 30, 2014.
D. North Carolina General Statute (hereafter known as G.S. 143-215.1(a)(1) states that "No person
shall do any of the following things or carry out any of the following activities unless that person
has received a permit from the Commission and has complied with all conditions set forth in the
permit: Make any outlets into the waters of the State. "

E. Condition I.I. of the General Permit AWG200000 states in part that "Waste shall not reach
surface waters" and that "The waste collection, treatment, storage, and application system
operated under this General permit shall be effectively maintained as a non -discharge system."
F. Condition 11.17. of the General Permit AWG200000 states in part that "a person under the
supervision of an OIC shall inspect the land application site as often as necessary to insure that
the animal waste is applied in accordance with the CAWMP."
G. Condition I1.20. of the General Permit AWG200000 states in part that "The Permittee shall
maintain buffer strips ... as specified in the facility's CAWMP near... land application areas." The
CAWMP states that waste is to be applied no closer than 25 feet to surface waters.
H. Condition 1I.21. of the General Permit AWG200000 states that "Waste shall not be applied on
land that is flooded, saturated with water, frozen or snow covered at the time of land
application."
I. On January 7, 2012, Staff in Raleigh (on -call) received a call from Captain Jared K. Bryd with
the Randolph County Emergency Services Department describing the discharge of animal waste
into a stream and the subsequent efforts by Ard Koopman "to prevent any more contamination of
the stream." Capt. Byrd's Incident Report states that the "ground was soft, moist, and saturated
with liquid manure which had contaminated the nearby stream."
J. Due to wet soil conditions along the stream, an earthen berm could not be constructed to exclude
any waste that had been applied or discharged within 15 feet of the stream.
K. Neither the OIC nor Ard Koopman was onsite when the discharge occurred.
L. On January 9, 2012, the DWQ Winston-Salem Regional office staff was first made aware of the
discharge and visited the site in question. Regional office staff observed that animal waste from
Koopman Dairies had been applied within 15 feet of the stream and that animal waste was still
present in the stream.
M. Fecal coliform samples taken on January 9, 2012 resulted in 15 col.1100 mL upstream and 1,500
col./100 mL downstream of the discharge.
N. The unpermitted discharge occurred in an unnamed tributary to Caraway Creek, Class C waters
within the Yadkin -Pee Dee River Basin.
O. On January 19, 2012, the Division issued a Notice of Violation/Notice of Intent to Enforce
(NOV/NOI) to Arlin Buttke and Ard Koopman, jointly and severally, identifying violations of
N.C.G.S. 143-215.1(a) and General Permit No. AWG200000. The violations include;
discharging to waters of the state; failure to operate as a non -discharge facility; failure to
properly operate the land application field; failure to insure that animal waste is land -applied in
accordance with the CAWMP; failure to maintain buffers; and failure to apply on land that is not
saturated with water.
P. The Notice of Violation was sent Certified Mail and received by Arlin Buttke on January 21,
2012. DWQ received Mr. Buttke's incident report on January 19, 2012 but no additional
correspondence. Ard Koopman verbally confirmed that he signed the green receipt card, but to

date, the green card has not been received by DWQ. The DWQ Winston-Salem Regional Office
received Mr. Koopman's written response on February 8, 2012.
Q. The cost to the State of the enforcement procedures in this matter totaled $1123.88
Based upon the above Findings of Fact, I make the following;
II. CONCLUSIONS OF LAW:
A. Arlin Buttke and Ard Koopman are "persons" within the meaning of N:C.G.S. 143-215.6A
pursuant to N.C.G.S. 143-212(4).
B. A permit for an animal waste management system is required by N.C.G.S. 143-21 S.I.
C. Caraway Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to
G.S. 143-212(6).
D. Arlin Buttke and Ard Koopman violated G.S. 143-215.1(a)(1) by making an unpermitted
discharge into waters of the State.
E. Arlin Buttke and Ard Koopman may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per violation per day may be assessed against a person who is required but
fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act
in accordance with the terms, conditions, or requirements of such permit or any other permit or
certification issued pursuant to authority conferred by this Part.
F. The above -cited failure to operate the facility as a non -discharge system and prevent a discharge
of waste that reached surface waters violated Condition No. 1.1. of General Permit AWG200000.
G. The above -cited failure of Ard Koopman to insure that animal waste is land applied in
accordance with the CAWMP violated Condition No. II.17. of General Permit AWG200000.
H. The above -cited failure to maintain a 25 foot buffer strip near the land application area violated
Condition No. II.20. of General Permit AWG200000.
I. The above -cited incident of applying animal waste on land saturated with water constitutes
violation of Condition 11.21. of General Permit AWG200000.
J. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be
assessed against a person who fails to apply for or to secure a permit required by N.C.G.S. 143-
215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by N.C.G.S. 143-215.1.
K. N.C.G.S. 143-215.6A(b) provides that if any failure to act as required by the rules is continuous,
a civil penalty of not more than $25,000.00 per violation may be assessed for each day the
violation continues.
L. N.C.G.S. 143-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8) provides that the reasonable costs of
any investigation, inspection or monitoring survey may be assessed against a person who

violates any regulations, standards, or limitations adopted by the Environmental Management
Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S. 143-
215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2.
M. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, has the authority to assess civil penalties in this
matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION;
Accordingly, Arlin Buttke and Ard Koopman, are hereby assessed a civil penalty of:
$ 1123.88
for making an outlet to the waters of the State without a permit as required by
G.S. 143-2I5.1.
for violating Condition No. 1.1, of General Permit AW6200000 by failing to
operate the facility as a non -discharge system.
for violating Condition II.17. of General Permit AWG200000 by failing to
insure that animal waste is applied in accordance with the CAWMP.
for violating Condition 11.20. of General Permit AWG200000 by failing to
maintain buffer strips near land application areas.
for violating Condition 11.21. of General Permit AWG200000 by failing to apply
on land that is not saturated with water.
TOTAL CIVIL PENALTY which is
authorized by N.C.G.S. 143-215.6A.
Enforcement costs
TOTAL AMOUNT DUE
percent of the maximum penalty
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account
the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-282.I(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.

N. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring
after the assessment period indicated above. Each day of a continuing violation may be considered a separate
violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be
assessed for any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Arlin Buttke and Ard
Koopman, jointly and severally, in accordance with N.C.G.S. 143-215.6(A)(d).
(Date) Theodore L, Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality

DIVISION OF WATER QUALITY
CIVIL PENALTY ASSESSMENT FACTORS
Violators: Arlin Buttke-Buttke MaLm Enterprises and Ard Koopman-Koopman Dairies Inc.
County: Randolph
Case Number: DV-2012-0009
Permit Number: AWC760012
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
The field in question was leased to the permittee (Arlin Buttke) for waste application. The aftermath of
waste application onto wet ground, losing control of the application equipment, getting the equipment
stuck and its subsequent removal, all physically damaged the lower portion of the field. From the
landowner's perspective, the damage caused by the decision to improperly land apply could be costly to
repair.
The section of stream in question is a class C water of the State. Class C waters are to be protected for
uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation,
survival and maintenance of biological integrity, and agriculture. Based on our investigation and
observation, the unpermitted discharge of animal waste from the Koopman Dairies operation precluded
the use of the stream for these uses.
2) The duration and gravity of the violations;
Ard Koopman, owner of Koopman Dairies, Inc. estimated that between 400-500 gallons of waste was
discharged onto the ground. Note also, that the discharge was first reported by a citizen who observed "a
light brownish color" in the stream. DWQ staff observed this same coloring in the stream at least 48
hours later. Since the earthen berm could only be constructed to exclude waste > 15 feet of the stream,
any waste discharged :515 feet of the stream continued to enter the stream during subsequent rain events.
As required by the permit, a waste sample was obtained from the source storage pond and analyzed. Of
note: the fecal coliform result was 1,7 million MPN/100 ml and the BOD was 1,530 mg/l. We are not
aware of any fish kills resulting from this discharge but believe the acute affect to be detrimental to the
surface water.
3) The effect on ground or surface water quantity or quality or on air quality;
Two days after the initial discharge, the upstream fecal coliform measuredlS col./100 ml, while the
downstream was still 1,500 col.1100 mL. Waste was still concentrated in the stream on the date of our
investigation.
The stream bank and buffer area were significantly damaged when the application equipment became
stuck. The buffer was further damaged through the process of extracting the equipment. While the
earthen berm initially helped, that effort also further harmed the vegetation in the buffer area. The
denuded field and stream bank increase the likelihood of sediment run-off into the stream.
4) The cost of rectifying the damage;
The facility had equipment and a driver and was therefore able to construct an earthen berm with only the
cost of the fuel. The area will need to be seeded and permanent vegetation re-established.
rev 1.0 - 8.31.09

5)
6)
7)
The amount of money saved by noncompliance;
None.
Whether the violations were committed willfully or intentionally;
The Winston-Salem regional Office does not consider these violations to have been committed willfully
or intentionally but rather the result of poor waste application oversight, judgment, and training. When
the application equipment became stuck in the saturated soil, the driver stated that he forgot to turn the
PTO off. The WSRO can appreciate the anxiety of a young driver who finds himself stuck and sliding
downhill with a load of animal waste and "forgets to turn the equipment off." However, if the 25 foot set-
back had been adhered to, then he may not have gotten the equipment stuck to begin with.
Mr. Pearson was applying waste for Koopman Dairies on a sloped area of land in a field with which he
was not familiar. The upper portion of the field was dry enough and/or suitable for land application. The
lower part of the field was wet at the time of waste application and is, in fact, saturated most of the time
as evidenced by the inability to construct the earthen berm any closer than 15 feet to the stream. The
applicator should not have attempted to apply waste in a low-lying, saturated, area of the field.
Additionally, application by an OIC or someone under his direct supervision (i.e. with more experience)
may have also prevented the discharge scenario. Proper training and preparation of the driver prior to
entering the unfamiliar field, as well as proper supervision and oversight, might have mitigated the
discharge.
The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
December 2011 Civil Penalty Assessment of $2000 plus costs — for applying animal waste on land
saturated with water, resulting in excessive ponding and run-off and for applying animal waste during a
rainfall event.
June 2007 NOV - Failure to properly land -apply animal waste.
April 2007 NOV - Failure to properly operate and maintain the collection system, treatment, and storage
facilities.
August 2005 NOV - Failure to abide by the CAWMP and contain animal waste Ieachate. No discharge to
surface waters.
March 2002 NOV - Failure to maintain adequate freeboard. Failure to certify and include new waste
storage structure in CAWMP. Failure to install marker, and contain run-off. No discharge to surface
waters.
January 2002 NOV - Failure to abide by permit (un-certified WSP and over -application of PAN):
8) The cost to the State of the enforcement procedures.
Investigator # I — 3 hours field time
$90.81
Investigator #2 — 3.25 hours field time
$94.05
Investigator # 1 — 24 hours enforcement time
$726.48
Sherri Knight— I hour for supervisor enforcement review
$39.71
Mileage — 67 miles @ 0.49 cents/mile
$32.83
Commercial Laboratory Costs
$40.00
Administrative costs
$100,00 '
Total Cost .
$1,123.88
Date Sup rvisor Na
rev 1,0-8.31,09

2011
Violations and Enforcement
Documents
Attachment C

R5G�\n
illnr# + t^arnljn-, n9,r ,,rfmcsnf of Fn+..+irt�,qrt kl� lfirr'nl Qnc"niir�c
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
February 24, 2012
Arlin Buttke
Buttke Dairy Enterprises
5796 Walker Mill Road
Randleman, NC 27317
Farm # 76-0012
Randolph County
Dear Arlin Buttke:
Dee Freeman
Secretary
This letter is to acknowledge receipt of your check No. 90423 in the amount of $3080.82
on February 23, 2012, This payment satisfies in full the civil assessment in the amount of
$3080.82 levied against Arlin Buttke and the case has been closed. If you have any questions,
please call me at [phone].
Sincerely,
Mireaa4ssaD.
Animal Feeding Operations Unit
cc: Sherri Knight, Winston-Salem APS Regional Supervisor
File 4 DV-2012-0002
APS Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N, Salisbury St, Ralegh, North Carolina 27604
Phone: [phone] FAX: 91"07-64921 Customer Service: 1-877-623-6748
Internet: Wwrigwatemality.or
An Equal Opportunity 4 Atfirmalive Action Employer
0110
Northfar-olina

kly AWE
i?ECEiVED
H.C. Dac olEHR
NCDE�IR F�� zoi2
North Carolina Department of Environment and Natural Resources l`vinston .salem
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
February 10, 2012
CERTIFIED MAIL - #7006 2150 0003 54671605
RETURN RECEIPT REQUESTED
Arlin Buttke
Buttke Dairy Enterprises
5796 Walker Mill Road
Randleman, NC 27317
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C, General Statutes) 143-215.1
Farm # 76-0012
Randolph County
Enforcement File No. PC-2012-0002
Dear Arlin Buttke:
This letter transmits notice of a civil penalty assessed against Arlin Buttke in the amount of $2000,00, and
$1080.82 in investigative costs, for a total of $3080.82. Attached is aeopy of the assessment document
explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality.
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty. ,
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the attention of:
Keith Larick
Aquifer Protection Section
Division of Water Quality
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
1617 Mail Service Center, Ralegh, North Carolina 27699-1617
Location; 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 91M07-6300I PAX, 91M07.64921 Customer Servicc 1-877-623.6748
Internet: www rimaterguali�orq One
NortliCarolitia
An Equal OpportunkSy lAffinnaGveAClion employer ,y �atwrally

- r Assessment of civil penalty
Arlin Buttke
Enforcement # PC-2012-0002
Page 2 of 3
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occun-ed or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation and agreement: that no factual or legal issues are
in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should
be remitted, and submit it to the Division of Water Quality at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of the Division of Water Quality will review your evidence and
inform you of their decision in the matter of your remission request. The response will provide
details regarding the case status, directions for payment, and provision for further appeal of the
penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part of
the original remission request considered by the Director. Therefore, it is very important that you
prepare a complete and thorough statement in support of your request for remission.
hr order to request remission, you must complete and submit the enclosed "Request for Remission of
Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within
thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete
and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the
following address:
Keith Larick
Aquifer Protection Section
Division of Water Quality
1636 Mail Service Center
Raleigh, North Carolina 27699-i636
M
3. File a petition for an administrative hearing with the Office of Administrative Hearings -
If you wish to contest'any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings., You must file the petition with the Office of Administrative Hearings
within thirty (30)

Assessment of civil penalty
Arlin Buttke
Enforcement # PC-2012-0002
Page 3 of 3
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:OD a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an
attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings
within seven (7) business days following the faxed or electronic transmission. You should
contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the
Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment. 1f you have any questions, please contact Miressa D. Garoma at (919) 807-
6340.
Sincerely,
V
Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Sherri Knight, Winston-Salem APS Regional Supervisor w/ attachments
File # PC-2012-0002 w/ attachments
APS Central Files w/ attachments
Randolph County Health Department

STATE OF NORTH CAROLINA
COUNTY OF RANDOLPH
IN THE MATTER OF }
ARLIN BUTTKE )
}
}
FOR VIOLATIONS OF CATTLE WASTE )
MANAGEMENT SYSTEM )
GENERAL PERMIT AWG200000 )
PURSUANT TO NORTH CAROLINA }
GENERAL STATUE 143-215.1 )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
FILE NO. PC-2012-0002
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality (DWQ), 1, Theodore L. Bush, Jr., Chief of the
Aquifer Protection Section of the DWQ, make the following:
FINDINGS OF FACT:
A. Arlin Buttke owns and operates Buttke Dairy Enterprises, a permitted cattle operation in
Randolph County,
B. Arlin Buttke was issued Certificate of Coverage AWC760DI2 by the Division of Water Quality,
under General Permit AWG200000 for Buttke Dairy Enterprises on October 1, 2009, effective
upon issuance, with an expiration date of September 30, 2014.
C. Condition II.S of the General Permit AWG200000 states in part that "In no case shall land
application rates result in excessive ponding or any runoff during any given application event".
D. Condition II.21 of the General Permit AWG200000 states in part that "Waste shall not be
applied on land that is flooded, saturated with water, frozen or snow covered at the time of land
application".
E. Condition II.22 of the General Permit AWG200000 states in part that "Land application of waste
is prohibited during precipitation events. The Pennittee shall consider pending weather
conditions in making the decision to land apply waste and shall document the weather conditions
at the time of land application on forms supplied by or approved by the Division".
F. On December 7, 2011, DWQ staff from Winston-Salem Regional Office observed that a slurry
tank was applying animal waste in the rain on to a field of small grain (Tract 2200, field 4) of
Buttke Dairy Enterprises operation located on the South side of Walker Mill Road in Randolph
county. Weather information recorded on the SLUR-2 form also shows that it was raining during

the time of waste application. The precipitation record also shows that 0.4 inches of rain fell on
December 7, 2011. DWQ staff also observed animal waste run-off from the small grain field.
G. On December 23, 2011, the Division issued a Notice of Violation/Notice of Intent to Enforce
(NOVINOI) to Arlin Buttke identifying violations of N.C,G,S, 143-215.1 and General Permit
No. AWG200000. The violations include applying waste during rainfall event on a saturated soil
resulting in waste runoff.
H. The cost to the State of the enforcement procedures in this matter totaled $1080.82.
Based upon the above Findings of Fact, I make the following:
1I. CONCLUSIONS OF LAW:
A. Arlin Buttke, is a "person" within the meaning of N.C.G.S, 143-215.6A pursuant to N,C.G,S.
143-212(4).
B. A permit for an animal waste management system is required by N.C.G.S. 143-215.1,
C. The above -cited failure to prevent excessive ponding and run-off violated Condition No. iI. 5 of
the General Permit AWG200000.
D. The above -cited incident of applying animal waste on land saturated with water constitutes
violation of Condition 1L21. of the General Permit AWG200000,
E. The above -cited incident of applying animal during a rainfall event constitutes violation of
Condition I1.22. of the General Permit AWG200000.
F. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be
assessed against a person who fails to apply for or to secure a permit required by N.C.G.S. 143-
215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by N.C.G.S. 143-215.1.
G. N.C.G.S. 143-215.6A(b) provides that if any failure to act as required by the rules is continuous,
a civil penalty of not more than $25,000.00 per violation may be assessed for each day the
violation continues.
H. N.C.G.S. 143-215.3(a)(4) and N.C.G.S. 143B-282.1(b)(8) provides that the reasonable costs of
any investigation, inspection or monitoring survey may be assessed against a person who
violates any regulations, standards, or limitations adopted by the Environmental Management
Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S. 143-
215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2.
The Chief of the Aquifer Protection Section. Division of Water Quality, pursuant to delegation
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, has the authority to assess civil penalties in this
matter.

r
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
Ill. DECISION:
Accordingly, Arlin Buttke, is hereby assessed a civil penalty of:
$ 0 Q For violating Condition No. Il. 5. and 11.21. of the General Permit AWG200000
for applying animal waste on a land saturated with water, resulting in excessive
ponding and run-off.
1000 For violating Condition II.22 of the General Permit AWG200000 for applying
animal waste during a rainfall event.
nv
$ 1900 TOTAL CIVIL PENALTY which is _�__ percent of the maximum penalty
authorized by N.C.&S. 143-215.6A.
$ 1080.82 Enforcement costs
$S12001-V TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account
the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143E-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
W. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring
after the assessment period indicated above. Each day of a continuing violation may be considered a separate
violation subject to a maximum $25,000,00 per day penalty. Civil penalties and investigative cost may be
assessed for any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Arlin Buttke, in
accordancewithN,C.G.S. ]43-215.6(A)Ir►�
/ 10 // �R'
(Da e)
Aquifer Protection Section
Division of Water Quality

DIVISION OF WATER QUAL07Y
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Buttke Dairy Enterprises
County: Randolph
Case Number: PC-2012-0012
Permit Number: AWC760012
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
2) The duration and gravity of the violation;
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) The am, nt of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
X/0 k/ s 1 n o20 0 7 #- -:�OG1 � I -'� 0c2-1?
8) The cost to the State of the enforcement procedures.
$1080.82
Date Supervisor Name
rev 1.0 - 8.31.09

Animal waste from Buttke Dairy Enterprises #76-12 being applied during a precipitation event. Waste is
specifically from the operation on the south side of Walker Mill Rd. (leased to Ard Koopman).

MV
Ax
04,
, IlL
F4 It
I , I
RM IK P-'
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FORM SLUR-2 Slurry and Sludge Applicatinrl Field Rci;Ords
One Ryan for Lath Fic id p6r Crop
Tract A Hold tF-
CL
Field Size(VIJelled Acres)=(A)Facility Number -••-
Farm Owner U U&I— Ell TEgQ lR tt _-sE SL Spreade, Operator A 1'
Ownees Address 51IR lr W ALKtiL M1L-L.il A. and Address 1 e r] $ Mg;g0a%":k
wndlennan, K a�3�] 54ph,a-, r4 C -1350�
Owner's Phone # 3a [n-- - 13 —_ Operator's Phone #
From Animal Waste Management Plan
Crop Type rl• Z .t A. Recommended PAN j Lt Y
Loading (Iblacre) = (B)
01 (2) 131 (4) rs) 161 (11 (al
"Nutrient
Source
late
(MrwddMl
Number
of Loads
Per Field
Volume of
each Load'
isfalions)
Tolal Volume
(gallons)
(2) x (3) -
Volume WArre
(gallons/acro)
(4) 1 (A)
WasteAwa itsls
PAN"
(lb11000 gal)
PAN Applied
(lblacse)
(6) x (5)1 1000
Ndragan Balance—
(lblacrol
(B) - (7)
Weather
Info.
S�
40` Dd
271��
2 1 Y 7
-N.
`J7-�7_
67
S
S
-
- ! 1
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t1 -1)
-1
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7, � I _
top Cycle Tota)
r
Ownem Signature Spreader Operator's Signature
Certified OperaEor (print) Operator Certification No.
Can be found in opeCatoi5 rrlanllal tOF 1111e Si7r?.li]cr, Gontacl a local dealer it you -do npl have your owner's manual.
See your Waste management plan for Sanlplirrg frcqueney- At a minifnum. vraStc analysts is rPquireej within W rjays of land appricalion events.
—Litter the value received by s[[uuaGiing Column (7) trarn (Bl r:an{inr1C .SUhlr%1r:t1[N} rYlkl,{liln (?) from Ctfk�nin ($j follOvring Cat-lr applic;.lrign eYGnF. -
'--Enter rlrllrierit source (ie r.aQcion1Storagn Puno 1D, eanimiL iical tClU Zer, dPI liilP,[, tic:) 311.1/2.00A

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' --'-----'-----�-'--�
--^---------------------
I
_

Violations and Show Cause
Documents
Attachment D

-�..\N q ]F micnaet r. s astey, L3overnor
,ono 9Qi✓ William G. Ross Jr„ Secretary
North Carole. partment of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
p Coleen H. Sullins, Deputy Director
Division of Water Quality
June 13, 2007
CERTIFIED MAIL # 7004 2510 0002 2066 9774
RETURN RECEIPT REQUESTED
Mr. Arlin Buttke
Buttke Dairy Enterprises
5796 Walker Mill Road
Randleman, NC 27317
SUBJECT: NOTICE OF VIOLATION
Permit Condition Violation
Certificate of Coverage #NCA376012, Facility #76-12
Randolph County
Dear Mr. Buttke:
This letter is to summarize the water quality violation and concerns observed during the farm's
compliance inspection by the Division of Water Quality (DWQ) on June 5, 2007. A final copy of the
inspection report has already been sent to your office by electronic mail. Please contact our office if you
have not yet received this report.
While conducting the inspection, staff noted that . animal waste record keeping activities had
greatly improved. However, the following violation and concerns warrant your immediate attention and
action:
1. Animal waste was improperly applied to hay land leased from Marie Robins and Ray Cooper
(on Old Marlboro and Old Courthouse Roads, respectively). On -site observations and
photographs document that animal waste was land applied to within 2-3 feet of both an
unnamed tributary to Caraway Creek and a freshwater pond that flows into Back Creek. The
particular section of Caraway Creek in question is classified as Class C waters while Back
Creek is classified by the State. as a Water Supply II, High Quality Water (HQW). As
discussed, your Certified Animal Waste Management Plan (CAWMP) states that animal waste
is NOT to be applied closer than 25' to perennial waters. Failure to abide by the CAWMP is
a violation of. condition 1.3. of the Cattle Waste Management System General NPDES
Permit. Our office received a phone message within three days following the inspection from
Wayne Buttke, certified waste operator, stating that the land near the surface waters was to be
disked -in to reduce the potential for run-off during a rain event. It is our expectation that the
proposed disking has already been completed.
2. The liquid run-off of silage leachate and manure from the silo area is currently only 50 feet
from Randleman Lake. The run-off must be contained immediately, and a permanent
solution devised as soon as possible. You may wish to consult the Randolph County
SWCD/NRCS office for any technical assistance you may need.
Nor Carolina.
N.C. Division of Water Quality 585 Waughtovm Street Winston-Salem, NC 27107 Phone: [phone] Fax: (336) 771 A630 Naturaliff
Customer Service i [phone]

Buttke NOV
June 13, 2007
Page 2
3. The earthen embankments of the "small side" and "main side" waste storage structures still
need additional maintenance. Please refer to your copy of the inspection report for specifics
regarding mowing, broadleaf weed control, and re -seeding recommendations.
4. "Small grain cover" needs to be added to the waste plan as an acceptable receiving crop since
animal waste records indicate that waste was applied to several fields in 2006/2007 that were
not harvested but rather designated for "cover." Please see your technical specialist for
assistance.
Failure to comply with the conditions of the cattle waste permit constitutes a violation of state law
and Section 402 of the federal Clean Water Act, and is grounds for enforcement action by the Division
and/or the EPA; permit termination, revocation and re -issuance; and/or denial of a permit renewal
application (Section VI.2. and VI1.A.2). Additionally, these violations, and any future violations, are
subject to civil penalties, criminal penalties, and injunctive relief. The Division, therefore, requests that
you respond, in writing, to this office within ten (10) days following receipt of this Notice. Your response
should detail how you intend to address the violation and concerns listed above..
Your immediate attention to these matters is greatly appreciated. If you have questions
concerning this Notice, please contact Melissa Rosebrock or me at [phone].
Sincerely,
Sherri V. Knight
Regional Aquifer Protection Supervisor
cc: Todd Bennett — APS Animal Feeding Operations Unit
Randolph County SWCD/NRCS
WSRO Facility Files
Central Files

OF W a rFq Y 1 Michael F. Easley, Governor
Q9
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
--1
❑ 'C Coleen H_ Sullins, Director
Division of Water Quality
July 5, 2007
CERTIFIED MAIL NO.7006 2150 0002 2066 9804
RETURN RECEIPT REOUESTED
Mr. Wayne L. Buttke
Buttke Dairy Enterprises
5796 Walker Mill Road
Randleman, NC 27317
CERTIFIED MAIL NO.7006 2150 0002 2066 9811
RETURN RECEIPT REQUESTED
Mr. Michael A. Souther
Grassy Knob Farms
123 Grassy Knob Road
Union Grove, NC 28689
SUBJECT: Show Cause Meeting
Certification #: AWB22101 (Buttke) and AWB21638 (Souther)
Permittee: Buttke Dairy Enterprises
Facility #: 76-12
Randolph County
Dear Messrs. Buttke and Souther,
As a result of an application site inspection that was conducted June 5, 2007 you are hereby
requested to attend a meeting to be held at the Winston-Salem Regional Office on July 26, 20.07 at 1:00
PM. This meeting is to allow you an opportunity to explain the conditions observed in the receiving field
on the above date. As you recall, animal waste was improperly applied to hay land owned by Marie
Robins and Ray Cooper along Old Marlboro Road and Old Courthouse Roads, respectively. On -site
observations and photographs document that animal waste was land applied to within 2-3 feet of an
unnamed tributary to Caraway Creek and a freshwater pond that flows into Back Creek. The section of
Caraway Creek in question is classified as Class C waters while Back Creek is classified by the State as
a Water Supply 11, High Quality Water (HQW).
The responsibilities given the possessor of a certificate to operate an animal waste facility are not
inconsequential; your contribution in the protection of the pemuttee's investment in the facility and in
the adherence to water quality regulations should be, and is expected to be, considerable. To that end,
the State has adopted various rules and regulations specifying the responsibility of animal waste
operators.
15A NC Administrative Code 8F .0203 states that the Operator in Charge (OIC) or a designated
back-up OIC of a Type B Animal Waste Management System shall inspect, or a person under the
supervision of an OIC or designated back-up OIC shall inspect the land application site as often as
necessary to insure that the animal waste is land applied in accordance with the Certified Animal Waste
Management Plan (CAWMP). "Person under the supervision of an Operator in Charge" means a person
North Carolina Division of Water Quality 585 Waughtown Street; Winston-Salem, NC 27107 Phone [phone]
Customer Service: 1-877-623-6748 Internet: www.newaterquality.org Fax [phone]

Wayne Buttke/Michael Souther
July 5, 2007
Page 2
who takes directions from the OIC and who may only land apply animal waste when the OIC is
available for consultation and advice at any time during the application of animal waste.
NC General Statute 90A-41 provides for suspension or revocation of an operator's certificate, or
the issuance of a written reprimand to an animal waste operator. Additionally, the Water Pollution _
Control System Operators Certification Commission, in accordance with the procedure set forth in
Chapter 150B of the NC General Statutes, may take such action when it finds that the operator has
practiced fraud or deception; that reasonable care, judgment, or the application of knowledge or ability,
was not used in the performance of duties, or that the operator is incompetent or unable to perform his or
her duties. In addition to revocation of a certificate, the Commission may levy a civil penalty of up to
$1,000 per violation, for a willful violation of part 90A-47.1 of the General Statutes.
Upon receipt of this letter, please contact our office to confirm your willingness to comply with
our request for a Show -Cause Meeting at the scheduled date and time. Directions to the Department's
Winston-Salem Regional Office are attached for your convenience. Should you have questions
regarding this matter, please do not hesitate to contact Ms. Melissa Rosebrock or me at [phone].
Sincerely,
Sherri V. Knight
Aquifer Protection Regional Supervisor
Winston-Salem Regional Office
Division of Water Quality
Attachment
cc: Mr. Jerry Rimmer - Supervisor, Technical Assistance and Certification Unit
Mr. Arlin Buttke — President, Buttke Dairy Enterprises
Randolph County SWCD/NRCS
APS - Central Files
�WSRO'�'Files�'

Buttke Dairy Show Cause Meeting
W SRO
July 26, 2007 — 01:00 PM
Name of Permittee: Buttke Dairy Enterprises
Owner: Mr. Arlin Buttke
Facility Number: 76-12
Type of Operation: State Cattle Permit for 1200 milk cows
County: Randolph
OTC: Mr. Wayne L. Buttke
Contracted OIC: Mr. Michael A. Souther of Grassy Knob Farms
Incident History: Complaint investigation by DWQ on June 5, 2007 resulted in an NOV
for failure to abide by the CAWMP and the Cattle Waste Management
Permit. Animal waste was applied to within 2-3 feet of an unnamed
tributary to Caraway Creek (class C) off Old Marlboro Road and a
fresh water pond that flows into Back Creek (class WS-II, HQW) off
Old Courthouse Road,
Immediate action: DWQ received complaint on June 4, 2007. The complaint was
investigated on June 5, 2007 as a part of a previously scheduled
compliance inspection for Buttke Dairy. Ms. Rosebrock inspected
both application fields and contacted Mr. Wayne Buttke to inform him
of the application violations. Mr. Wayne Buttke instructed someone to
disk -in the application fields in question within 24- hours ofDWQ's
visit. This was completed prior to any rain events. No waste was
observed in the stream at the time of the investigation.

Q�QF WA rFi9QG i Michael F, Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Q `C Collen Sullins, Director
Division of Water Quality
August 30, 2007
Mr. Wayne L. Buttke
Buttke Dairy Enterprises Inc.
5796 Walker Mill Road
Randleman, NC 27317
SUBJECT: Show Cause Meeting: Buttke Dairy Enterprises Inc
Facility Number: 76-12, Randolph County
Dear Mr. Buttke,
Thank you for taking the time to meet with us.to discuss the status of your animal waste operator
certification. Your candidness and honesty in answering the Division's questions regarding the
application events of June 5, 2007 was greatly appreciated. As communicated during our meeting, we
believe that there were several factors that led to the improper application of animal waste:
1. Inadequate knowledge and understanding of the waste plan and permit requirements by the
Operator in Charge (O1C) and contract applicator.
2. An unfamiliar Iand application site(s).
3. Inadequate training of those persons performing the actual application of waste.
4. Inadequate supervision and follow-up by the facility's OIC.
5. Inadequate supervision and follow-up by the contract applicator.
While we do not believe the above actions to have been committed willfully or intentionally, our
investigation concludes that the violations were a result of negligence, insufficient management, and lack
of experience by persons involved in applying animal waste. Your willingness during the Show Cause
Meeting to make the necessary changes to resolve these concerns was noted by Division staff.
As such, this office requests that you review your operational procedures and provide a written
response within 30 days as to how you propose to address each of the five factors listed above. You may
wish to consider developing a series of checklists or a written field -training guide, implementing
competency requirements, modifying application techniques, or increasing the training requirements for
your employees. Your response should be sent to my attention at the address contained in this letterhead.
Upon receipt of a satisfactory written response, the Division will consider this matter "closed" with no
plans to pursue further action at this time.
Sincerely,
AU,4 �
Sherri V. Knight
Aquifer Protection Supervisor
Winston-Salem Regional Office
cc: APS - Central,Files told RO Fi
Mr. Jerry Rimmer (Supervisor, echnical Assistance and Certification Unit}
DWQ - APS-Animal Feeding Operations Unit
North Carolina Division of Water Quality 585 Waughtown Street; Winston-Salem, NC 27107 Phone [phone]
Customer Service: 1-977-623-6748 Internet: www.nowaterquaHty.org Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

BUTTKE ]AIRY ENTERPRISES
AaluN surTxa
PRESIDENT
6706 WALKER MILL RD.
6022 WALKER MILL RD I BMIPPIN W
Fi�AN . NC 27317
Sherri Knight REGEIVc.D
Aquiferer
Protection Supvisor N,C. Dept, of ENR
Winston Salem Regional Office OCT 0 1 2007
i
^� 4 Winston-Salem
Sept.21ry ,2001 I RegionaiOffce j
Subi ect: Response to letter dated August 30,2007 l� T�-
Facility Number: 76-12, Randolph County
Dear Ms. Knight,
;- As for the inadequate knowledge and understanding of the waste plan and permit
requirements by the Operator in charge (OIQ and contract applicator. I have gone over the waste
management plan & the permit with the people spreading waste. There were some things that had
slipped my mind, but upon going back over the management & permit plan it made it easier to explain
what was wrong also how to fix it. I feel that everyone now has a clear understanding of the plan. I told
them if they have any questions not to be afraid to ask.
As for being unfamiliar with land application sites or first application we went over and
looked at the fiolds. We thon•decided'where the boundaries should be before we start spreading Ad if
there are any creeks or running water within the -allotted distance. We want to make sure we are
spreading on the right field.
As for the inadequate training of those persons performing the actual application of waste,
I have talked to the people that do the actual spreading of the manure. I have told them how far to be
from the roads, waterways, pond, residence, and- wells. Plus they have a copy of themanagement &
permit plan. I told them to make sure that nothing -runs off the field: If in doubt don't spread until you
get•someone's opinion.
As for the inadequate supervision and follow-up by facility's OIC, I have-beeny on site.
more, and checked on the placement wherethey are spreading. I have also been in contact with the
people that own the land so I could get their opinion about applying the waste. I also now. have a person
to double check on things when I'm not here. He has all my phone numbers so that if he thinks there
might be a problem he can get in touch with me right away.
As for the inadequate supervision and follow-up by contract applicators. I plan on
staying in close contact with the hauler, closer contact with them then in previous times. I have told
them if any they have any questions about which fields, boundaries to contact me before spreading. I
also told them to make sure that their hired help knows the rules to get by. I have told them if any
problems arrive to please call rice, I will come and evaluate the situation with them.
Sincerely,
G r1fol ?' let

wArFgp
'0
>_
O '<
Mr. Wayne L. Buttke
Buttke Dairy Enterprises Inc.
5796 Walker Mill Road
Randleman, NC 27317
Michael F. Easley, Governor
William, G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 20, 2007
SUBJECT: Buttke Dairy Enterprises Inc -- Response to Show Cause Letter
Facility Number: 76-12, Randolph County
Dear Mr. Buttke,
Collen Sullins, Director
Division of Water Quality
Our office has reviewed the responses from both you and Michael Souther (commercial applicator
for Buttke Dairy Enterprises, Inc.) following the Show Cause Meeting held at the Division of Water
Quality's Winston-Salem Regional Office. As stated in your letters, both you and Mr. Souther intend to
inspect the waste application sites more frequently than in the past and that you have reviewed the
application requirements contained in the permit and waste management plan with all those involved in
waste application. As you stated, there is also now someone to "double check on things" when you cannot
be on site. Our office also concurs with your plans to evaluate all new sites with the hauler prior to any
application of animal waste.
It is our belief that the above measures, if followed routinely, will ensure that animal waste is
applied per the animal waste permit. The Division considers this matter "closed" with no plans to pursue
further action.
Sincerely,
Sherri V. Knight
Aquifer Protection Supervisor
Winston-Salem Regional Office
cc: APS - Central Files and-WSRt-Niles
Mr. Jerry Rimmer (Supervisor, Technical Assistance and Certification Unit)
DWQ - APS-Animal Feeding Operations Unit
North Carolina Division of Water Quality 585 Waughtown Street; Winston-Salem, NC 27107 Phone [phone]
Customer Service: 1-877-623-6748 Internet: www.newaterquality.org Fax [phone]
An Equal opportunity/Affirmative Action Employer — 50% Recycled/101/6 Post Consumer Paper

RECEIVED
N,C, i?ept. of ENr;
,�--_ JUN 2142
NCDENR- ' - T Winston-Salem
Reglorrat pff;ce
North Carolina Department -of Environment and Natural Resaur
Division of Water Quality - -
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor - -- Director -- Secretary
June 19, 2012
CERTIFIED MAIL 70081300 00001106 5833
RETURN RECEIPT RE UESTED
Arlin Buttke
Buttke Dairy Enterprises
5796 Walker Mill Road
Randleman, NC 27317
Subject: Request for Remission of Civil Penalty
Buttke Dairy Enterprises
Case No. DV-2012-0009
AWC760012
Randolph County
Dear Mr. Buttke:
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina
Division of Water Quality considered the information you submitted in support of your request for
remission and remitted $1000.00 of the $10123.88 civil penalty assessment. The revised civil penalty is
therefore a total amount of $9123.88, which includes $1123.88 in investigative costs. A copy of the
Director's decision is attached.
Two options are available to you at this stage of the remission process:
1) You may pay the penalty.
If you decide to pay the penalty please make your check payable -to the Department of Environment
and Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of
this letter to the attention of:
Keith Larick
NC DENR-DWQ
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, NC 27699-1636
m'
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 9IM07-6464 4 FAX: [phone]
internet: www.ncwaterguality.org
An Equal Opporlunily i AKrmalive Acticr Employer
NorthCaroiina
Natural&

Arlin Buttke
Case No. DV-2012-0009
Randolph County
Page 2 of 2
2) You--may—decide to have the Environmental Management Commission's (EMC)
Committee on Civil Penalty Remissions make the final decision on your -remission
request.
If payment is not received within 30 calendar days from your receipt of this letter, -your request for
remission with supporting documents and the recommendation of the Director of the North Carolina
Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final
agency decision.
If you or your representative would like to speak before the Committee, you must complete and return
the attached Request for Oral Presentation Form within thirty- (30) calendar days of receipt of this
letter. Send the completed form to:
Keith Larick
NC DENR-DWQ
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, NC 27699-1636
The EMC Chairman will review the supporting documents and your request for an oral presentation
(if you make the request). If the Chairman determines that there is a compelling reason to require a
presentation, you will be notified of when and where you should appear. If a presentation is not
required, the final decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its
remission decision based on the original assessment amount. Therefore, the EMC may choose
to uphold the original penalty amount and offer no remissions, they may agree with the DWQ
Director's remission recommendation detailed above, or the penalty amount may be further
remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact Miressa D.
Garoma at [phone].
Sincerely,
/f_ �
Keith Larick, Supervisor
Animal Feeding Operations Unit
Attachments
cc: Winston-Salem Regional Office
Enforcement File DV-2012-0009
DWQ Central Files

b -J.
DIVISION OF WATER QUALITY
CIVIL'PENALTY REMISSION FACTORS
Case Number: DV-2012-0009 Region: Winston-Salem County: Randolph
Assessed Entity: Arlin Buttke--- - - — - — Permit: AWC760012_- _
❑ (a) Whether one or more -of the civil penalty assessment -factors -were wrongly applied to the -
detriment of the petitioner: -
® (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
The violator promptly abated some of the environmental damage by constructing an earthen berm approximately
15 feet from the stream. Any waste remaining on the ground, closer than 15 feet to the stream, was not excluded
from continuing env ironmental-damage,_however,_due-to its -continued- run-off, into the- stream. When DWQ
visited the site two days after the initial discharge, substantial amounts of solid waste, organic matter, and foam
were still evident in the stream. Two days after initial discharge, the upstream fecal coliform measured 15
col./100 mL while the downstream was 1500 col./100 mL.
® (c) Whether the violation was inadvertent or a result of an accident:
The violation occurred because the driver got stuck in saturated soil and reportedly forgot to turn the PTO off.
The driver would not have gotton stuck if: 1) he had not been applying on saturated ground; 2) he had not been
applying on land with 15% slope; and 3) if he had not been applying waste within the 25 foot buffer, The
discharge occurred therefore, while the applicator was already in violation of the Waste Plan and the Permit.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
December 2011- Civil Penalty Assessment of $2000 plus costs — for applying animal waste during a rainfall
event on land saturated with water, resulting in excessive ponding and run-off.
® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
Payment of the civil penalty will not prevent payment of the' remaining redial actions, because there are no
further redial actions. An eathen berm was constructed shortly after the discharge occurred. Because the area
between the berm and the stream waslis so wet, no further actions can be performed' at the time.
Since the assessment of this civil penalty on April 9, 2012 the facility was issued another NOV on May 14, 2012
for; 1) failure to maintain buffer distances to wells and dwellings; 2) failure to maintain a crop on a receiving
field; and 3) failure to obtain soil analyses (NOV-2012-PC-0175).
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ' No ❑
Partial Remission Amount remitted:$ vOG New penalty Amount:$
�/'r,.i�v;� %mac (� vc=✓,s�.�er-`7h,��7 ��'J L/L�f.?�L—����`!�/ �//l `.,
Charles Wakild Date
171/1
rev 1.0 - 8.31.09

A�
"""'"•�...wrrrrw
CCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Arlin Buttke
Buttke Dairy Enterprises
5796 Walker Mill Road
Randleman, NC 27317
Charles Wakild, P. E.
Director
July 17, 2012
RE: Acknowledgment of Receipt of Payment
Case No. DV-2012-0009
Farm # 76-0012
Randolph County
Dear Arlin Buttke:
Dee Freeman
Secretary
RECEIVED
N.C. Dept, of ENR
JUL 2 0 2012
t, Winston-Salem
Regional.O Tice
This letter is to acknowledge receipt of your check No. 91067 in the amount of $9123,88
on July 16, 2012. This payment satisfies in full the civil assessment in the amount of $9123.88
levied against Arlin Buttke and the case has been closed. If you have any questions, please call
me at [phone].
Sincerely,
Miressa D. Garoma
Animal Feeding Operations Unit
ec, She i Kiiight ;:Winston=SaLeehipA�PS ,Regionalk7Sup v1
File # DV-2012-0009
APS Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location:512 N. Salisbury St, Raleigh, North Carolina 27604
Phone: [phone] L FAX: [phone] Customer Service: 1-877-623-6748
Internet: wwvv,ncvvatercualihr.ora
An Equal Opportunity 1 Affirmative Action Employer
Non thCarolina
Vatura!!b

Rosebrock, Melissa
From: Garoma, Miressa
Sent: Wednesday, June 13, 2012 12:00 PM
To: Rosebrock, Melissa
Subject: RE: Buttke Remission Request for DV-2012-0009
The documents are on Chuck's desk for almost 3 weeks now. I will send it out whenever he sign the papers.
Thanks,
Miressa
From: Rosebrock, Melissa
Sent: Wednesday, June 13, 2012 11:45 AM
To: Garoma, Miressa
Cc: Larick, Keith
Subject: Buttke Remission Request for DV-2012-0009
Any update regarding their remission request? I sent our response a few weeks ago. Thanks,
Melissa
Melissa Rosebrock
E-mail Address: [e-mail]
NCDENR Division of Water Quality
Winston-Salem Regional Office
595 Waughtown Street, Winston-Salem, NC 27107
[phone]; fax [phone]
www.ncwaterctuality.org
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records law and may be disclosed to third parties.

NCDENR
North'Carolina Department of Environment,and Natural Resources
Division of Water Quality"
Beverly Eaves Perdue Charles Wakild, P. E• Dee Freeman
Governor Director «_.. Secretary
RECEIVED
Arlin Buttke
Buttke Dairy Enterprises
5796 Walker Mill Road
Randleman, NC 27317
Dear Mr. Buttke:
!... N.C. Dept. of ENR :
April 26, 2012 s ' APR 2 7 2012
Winston-Salem 7 `
Regional Office
SUBJECT: Remission Request
Farm # 76-0012
Randolph County
File No. DV-2012-0009
Permit No. AWC760012
This letter is -to acknowledge receipt of your request, on April 25, 2012, for remission of the civil
penalty levied against the subject facility. The Director of the Division of Water Quality will
review your evidence and inform you of his decision in the matter of your remission request.
If you have any questions, please call me at [phone].
cc: Sherri Knight, Winston -Sale APS Regional Supervisor
File # DV-2012-0009
APS Central Files
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: [phone] FAX:9IM07.6496
Internet: www.ncwateraualitvoro
Sincerely,
*6f
Miressa D. Garoma
Animal Feeding Operations Unit
One.........
No thCarolina
An Equal Opportunity 1 Affirmative Action Employer

136se6rock, Melissa •
From: Garoma, Miressa
Sent: Thursday, April 26, 2012 10:53 AM
To: Rosebrock, Melissa
Cc: Larick, Keith; Knight, Sherri
Subject: Remission request - Buttke Dairy
Attachments: Remission Factors - WSRO Response DV-2012-0009.docx; Buttke—Remission request.pdf
Melissa,
A request for remission from Arlin Buttke for Buttke Dairy enterprises(AWC760012) is attached. Please fill out the attached
remission factors response form and return to me at your convenience.
Thanks,
Miressa
Please Note my new phone number EFFECTIVE JANUARY 9, 2012: [phone]
The Aquifer Protection Section (APS) has moved to the 6th floor of the Archdale Building located at 512 N. Salisbury Street in
Raleigh. Our mailing address will remain the same (1636 Mail Service Center, Raleigh, NC 27699-1636).
Miressa (aroma
Aquifer Protection Section
1636 54aifSertite Center
Ra(eig6, :YC 27699
Phone: [phone]
Ta.C• 919-715-0588
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties.

•
STATE OF NORTH CAROLINA
COUNTY OF RANDOLPH
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
ARLIN BUTTKE
PERMIT NO, AWC760012
RECEIVEDrc .,qQ, jowQ
APR 2
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCE,%qulfer Profecti<<r.130don
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV-2012-0009
Having been assessed civil penalties totaling $10123.88 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated, April 9, 2012, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support
of remission of this civil penalty must be submitted to the Director of the Division of Water
Quality within thirty (30) days of receipt of the notice of assessment. No new evidence " in
support of a remission request will be allowed after thirty (30) days from the receipt of the notice
of assessment.
This the 123 day of 2012
AL- ma&j­
Signature
PA- w10 •aa;R
a-? a 17
TELEPHONE

r�
CJ
JUSTIFICATION FOR RENUSSION REQUEST
APS Case Number: DV-2012-0009 County: Randolph RECEIVEDIDENRIDO
Assessed Party: Arlin Buttke APR 2 5 201'
Permit No.: AWC760012 Amount assessed: $10123.88
Aquifer Protection Sectior,
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to. an Administrative Hearing. and Stipulation o
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in determining
your request* for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper' procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. By law [NCGS 133-215.6A(f)) remission of
a civil penalty may be granted when one or more of the following five factors applies. Please
check each factor that you believe applies to your case and provide a detailed explanation,
including copies of supporting documents, as to why the factor applies (attach additional pages
as needed).
(a) one or more of the civil penalty assessment factors in NCGS 143B .28„2.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix andlor listed in the civil penalty
assessment document);
sZ (b) the violator promptly abated continuing environmental damage resulting from the
violation (i. e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining_ necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION:
\Rem. req.

5796 Walker Mill Rd,
Randleman, N c 27317 RECEIVEDIDENR1DM
$u"kedaWftol.com
336-495-1393 * office APR 2 5 201Z
336-495-1394 ` Fax
Aquifer Protection Section
April 23, 2.012
Keith Lorick
Aquifer Protection Section
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Subject: DV-2012-0009
Dear Mr. Lorick,
We hereby would like to request for remission of the penalty assessed against us for the
following reasons.
We sincerely regret the incident, however we do believe It was an accident. Our actions
offer the incident were well managed and prevented the spill from contaminating even
more. Ard Koopmans was on the site within 30 minutes and immediately started building
a containment berm with the help of shovels and a pay loader. Later the track hoe
arrived to finish the job.
In order to make our manure operators even more aware and knowledgeable of their
job we have invited Matra Day, Corporate Extension Agent, to give the "Operator in
Charge" training to all people Involved in our manure handling. This training has been
completed on 2/23 & 2/29/2012 and all our manure operators received a Certificate of
Completion, All our manure operators will be scheduled to take the Waste Operators
Exam on June 14, 2012.
We. believe this was a necessary through costly decision. We pay our manure operators
to be present during the classes, we pay them to study for the exam, we pay their
expenses

KhUh1VLUIUtN1VUVV%A
= APR 2 5 2012
And we pay the fees connected with the exams. All in all this is already close top$2000.00
in expenses, but we think this expense will make our manure operators even befi'y0c rot0Cti0t1 SgGfiflf1
hopefully prevent accidents, so it is justified.
However we do believe it is unfair to add an additional $9000.00 penalty for us to pay.
We promptly abated continuing environmental damage, the violation was an accident
and we Invested in remedial actions.
We sincerely hope you will reconsider.

•DIVISION OF WATER QUALITY
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2012-0009 Region: Winston-Salem County: Randolph
Assessed Entity: Arlin Buttke Permit: AWC760012
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
1
® (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
® (c) Whether the violation was inadvertent or a result of an accident:
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
® (e) Whether payment of the civil penalty will prevent payment for -the remaining necessary
remedial actions:
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑No ❑
Partial Remission ❑ $ (Enter Amount Remitted)
Charles Wakild Date
rev 1.0 — 8,.31.09

. *DIVISION OF WATER QUALITY 0
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2012-0009 Region: Winston-Salem County: Randolph
Assessed Entity: Arlin Buttke Permit: AWC760012
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
® (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
The violator promptly abated some of the environmental damage by constructing an earthen berm approximately
15 feet from the stream. Any waste remaining on the ground, closer than 15 feet to the stream, was not excluded
from continuing environmental damage, however, due to its continued run-off into the stream. When DWQ
visited the site two days after the initial discharge, substantial amounts of solid waste, organic matter, and foam
were still evident in the stream. Two days after initial discharge, the upstream fecal coliform measured 15
col./I 00 mL while the downstream was 1500 col./100 mL.
® (c) Whether the violation was inadvertent or a result of an accident:
The violation occurred because the driver got stuck in saturated soil and reportedly forgot to turn the PTO off.
The Region contends, however, that the driver would not have gotton stuck if: 1) he had not been applying on
saturated ground; 2) he had not been applying on land with 15% slope; and 3) if he had not been applying waste
within the 25 foot buffer. The discharge occurred therefore, while the applicator was altready in violation of the
Waste Plan and the Permit.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
Payment of the civil penalty will not prevent payment of the remaining redial actions, in the Region's opinion,
because there are no further redial actions. An eathen berm was constructed shortly after the discharge occurred.
Because the area between the berm and the stream was/is so wet, no further actions can be performed at this
time.
*** Please note: since the assessment of this civil penalty on April 9, 2012 the facility was issued another NOV
on May 14, 2012 for; 1) failure to maintain buffer distances to wells and dwellings; 2) failure to maintain a crop
on a receiving field; and 3) failure to obtain soil analyses (NOV-2012-PC-0175).
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑No ❑
Partial Remission [] $ (Enter Amount Remitted)
Charles Wakild Date
TOV 1.0-8A1.09

l�CDENR
RECEIVED
N.C. Re.t- of ENR
APR 1 f - 2012
F
North Carolina Department of Environment and Natural Resources WimSton-5alerr,
Regional Office
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Dee Freeman
Governor Director
Secretary
April 9, 2012
CERTIFIED MAIL - 97006 2150 0003 54671810
RETURN RECEIPT REOUESTED
Arlin Buttke
Buttke Dairy Enterprises
5796 Walker Mill Road
Randleman, NC 27317
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 76-0012
Randolph County
Enforcement File No. DV-2012-0009
Dear Arlin Buttke:
This letter transmits notice of a civil penalty assessed against Arlin Buttke in the amount of $9000.00, and
$1 123.88 in investigative costs, for a total of $10123.88. Attached is a copy of the assessment document
explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality.
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the attention of:
Keith Larick
Aquifer Protection Section
Division of Water Quality
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Ralegh, North Carolina 27699-1636
location: 512 N. Salisbury 5t., Raleigh, North Carolina 27604
Phone: 91M07-6464 4 FAX: [phone] One
Internet: www.ncwate[guality.ora NorthCarofina
An Equal opportunity 1 Affirmative Action Employer , / 17111r/7111/

r- "I
Assessment of civil penalty
Arlin Buttke
Enforcement # DV-2012-0009
Page 2 of 3
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below,.as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are
in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should
be remitted, and submit it to the Division of Water Quality at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of the Division of Water Quality will review your evidence and
inform you of their decision in the matter of your remission request. The response will provide
details regarding the case status, directions for payment, and provision for further appeal of the
penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part of
the original remission request considered by the Director. Therefore, it is very important that you
prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of
Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within
thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete
and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the
following address:
Keith Larick
Aquifer Protection Section
Division of Water Quality
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
U
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30)

Assessment of civil penalty
Arlin Buttke
Enforcement # DV-2012-0009
Page 3 of 3
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts flings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an
attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS § 150B-23.2) is received in the Office of Administrative Hearings
within seven (7) business days following the faxed or electronic transmission. You should
contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the
Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax; [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DEN R
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment. If you have any questions, please contact Miressa D. Garoma at (919) 807-
6340.
Sincerely,
Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Sherri Knight, Winston-Salem APS Regional Supervisor w/ attachments
File # DV-2012-0009 w/ attachments
APS Central Files w/ attachments
Randolph County Health Department

STATE OF NORTH CAROLINA
COUNTY OF RANDOLPH
IN THE MATTER OF
ARLIN BUTTKE
FOR VIOLATIONS OF CATTLE
WASTE MANAGEMENT SYSTEM
GENERAL PERMIT AWG200000
AND NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
FILE NO. DV-2012-0009
FINDING AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality (DWQ), 1, Theodore L. Bush, Jr., Chief
of the Aquifer Protection Section of the DWQ, make the following:
FINDINGS OF FACT:
A. Arlin Buttke owns and operates Buttke Dairy Enterprises, a permitted cattle operation in
Randolph County.
B. Arlin Buttke was issued Certificate of Coverage AWC760012 by the Division of Water
Quality, under General Permit AWG200000 for Buttke Dairy Enterprises on October 1,
2009, effective upon issuance, with an expiration date of September 30, 2014.
C. G.S. 143-215.1(a) states that "No person shall do the following things or carry out any of the
following activities unless that person has received a permit from the Commission and has
complied with all conditions set forth in the permit: make any outlets into the waters of the
State".
D. Condition No. I. 1, of General Permit AWG200000 states in part that "Any discharge of
waste which reaches surface waters or wetlands is prohibited except as otherwise provided in
this General Permit and associated statutory and regulatory provisions. Waste shall not
reach surface waters or wetlands by runoff, drift manmade conveyance, direct application,
and direct discharge or through ditches not otherwise classified as State waters."
E. Condition No. 11.17. of General Permit AWG200000 states in part that "the OIC or a
designated back-up OIC of a Type B Animal Waste Management System shall inspect, or a
person under the supervision of an OIC or designated back-up OIC shall inspect, the land
application site as often as necessary to insure that the animal waste is land applied in
accordance with the CAWNIP. In no case shall the time between inspections be more than
120 minutes during the application of waste, A record of each inspection shall be recorded
on forms supplied by, or approved by, the Division and shall include the date, time,

sprayfield number and name of the operator for each inspection. Inspection shall include but
not be limited to visual observation of application equipment, spray fields, subsurface drain
outlets, ditches, and drainage ways for any discharge of waste."
F. Condition 1I.20. of the General Permit AWG200000 states in part that "The Permittee shall
maintain buffer strips or other equivalent practices as specified in the facility's CAWMP
near feedlots, manure and feed storage areas land application areas." The CAWMP states
that waste is to be applied no closer than 25 feet to surface waters.
G. Condition 1I.21 of the General Permit AWG200000 states in part that "Waste shall not be
applied on land that is flooded, saturated with water, frozen or snow covered at the time of
land application".
H. On January 7, 2012, Randolph County Emergency Management received a citizen complaint
concerning a liquid manure spill near the residence of 4624 Beeson Farm Rd. Staff of the
Randolph County Emergency Services Department visited the site and observed the
discharge of animal waste into a stream and the subsequent efforts by staff of Koopman
Dairies, Inc to stop the discharge. The waste discharge into an unnamed tributary to Caraway
Creek, which are Class C waters within the Yadkin -Pee Dee River Basin, occurred when the
waste applying truck became stuck in soffit, saturated ground and then the staff of Koopman
Dairies, Inc forgot to turn off the application equipment. Due to wet soil conditions along the
stream, an earthen berm could not be constructed to exclude any waste that had been applied
or discharged within 15 feet of the stream. The OTC was not onsite when the discharge
occurred.
I. On January 9, 2012, the DWQ Winston-Salem Regional office staff was first made aware of
the discharge and visited the site in question. Regional office staff observed that animal
waste from Koopman Dairies had been applied within 15,feet of the stream and that animal
waste was still present in the stream. Water samples taken from the creek confirmed the
presence of animal waste in the unnamed tributary.
J. Arlin Buttke had no valid permit for the above -described activity.
K. On January 19, 2012, the Division issued a Notice of Violation/Notice of Intent to Enforce
(NOV/NOI) to Arlin Buttke identifying violations of N.C.G.S. 143-215.1 and General
Permit No. AWG200000.
L. The NOV/NOI Notice was sent Certified Mail, return receipt requested and received by
Arlin Buttke on January 21, 2012. DWQ received Mr. Buttke's incident report on January
19, 2012 but no additional correspondence.
M. The cost to the State of the enforcement procedures in this matter totaled $1123.88

Based upon the above Findings of pact, I make the following:
11. CONCLUSIONS OF LAW:
A. Arlin Buttke is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant to N.C.G.S.
143-212(4).
B. Unnamed tributary to Caraway Creek constitutes waters of the State within the meaning of
G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. A permit for an animal waste management system is required by N.C.G.S. 143-215.1.
D. The above -cited discharge constituted making an outlet to waters of the State for purposes of
G.S. 143-215.1(a)(1), for which G.S. 143-215.1 requires a permit. The discharge also
violated Condition 1.1 of General Permit AWG200000.
E. The above -cited failure to inspect the land application site in accordance with the CAWMP
violated Condition No. II. 17 of the General Permit AWG200000.
F. The above -cited failure to maintain a 25 foot buffer strip near the land application area
violated Condition No. II.20. of General Permit AWG200000.
G. The above -cited incident of applying animal waste on land saturated with water constitutes
violation of Condition 11.21. of General Permit AWG200000.
H. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may
be assessed against a person who fails to apply for or to secure a permit required by
N.C.G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions,
or requirements of a permit required by N.C.G.S. 143-215.1.
N.C.G.S. 143-2I5.6A(b) provides that if any failure to act as required by the rules is
continuous, a civil penalty of not more than $25,000.00 per violation may be assessed for
each day the violation continues.
J. N.C.G.S. 143-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8) provides that the reasonable costs
of any investigation, inspection or monitoring survey may be assessed against a person who
violates any regulations, standards, or limitations adopted by the Environmental
Management Commission or violates any terms or conditions of any permit issued pursuant
to N.C.G.S. 143-215.1, or special order or other document issued pursuant to N.C.G.S. 143-
215.2.
K. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to
delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality, has the authority to assess civil
penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Arlin Buttke is hereby assessed a civil penalty of:
it vd
for making an outlet to the waters of the State without a permit as required
by G.S. 143-215.1., and in violation of Condition 1.1 of General Permit
AWG200000.
c�cf
Cep For violating Condition No. 11. 17. of the General Permit AWG200000 for
failure to inspect the land application site in accordance with the CAWMP.
00
$ --2990412 for violating Condition 11.20. of General Permit AWG200000 by failing to
maintain buffer strips near land application areas.
T
$ For violating Condition 11.21. of the General Permit AWG200000 for
applying animal waste on a land saturated with water.
p v�
$ _! O_(%_ TOTAL CNIL PENALTY which is V4wwvet*of the maximum penalty
authorized by N.C.G.S. 143-215.6A.
$ 1123.88 Enforcement costs
$ TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-282.1(b),
which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.

M
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be considered
a separate violation subject to a maximum $25,000.00 per day penalty, Civil penalties and investigative cost
may be assessed for any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Arlin Buttke and
Ard Koopman, jointly and severally, in accordance with N.C.G.S. 143-215.6(A)(d).
Date} heodore L. Bush, r., Chief
Aquifer Protection Section
Division of Water Quality

DIVISION OF WATER QUALITY
CIVIL PENALTY ASSESSMENT FACTORS
Violator:
Arlin Buttke
County:
Randolph
Case Number:
DV-2012-0009
Permit Number:
AWC760012
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation; l
UvCJ
.S �) �v-� �d � c_'.�x..�� / t�.it/��✓` � 5 +!�' ti"1 / � may►-�-j�`%TC.a�
2) The duration and gravity of the violation;
i S C•. j- - ,, C)
1 �
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
f r,!
5) The amount of money saved by noncompliance;
6) Whethe/r� the violation was committed willfully or intentionally; % �1
��-'l�l..-f���2�Yvr��/�. lc:%h�?�v`�.ri� 7r'�ti.��.P Lt�rS L.•cJ i� / I ��-e. �• •Z,�..���.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has re ulatory authority; and c�
:`} -i �-•=. ,..,� � i� v Lis � .� L ; y''; � ���'����
, /
!'--•-v`t'�
InC(� �CIGJ c�
8) The cost to the State of the enforcement procedures.
$1123.88
D Ao Supervisor Name L
Fey 1.0 - 9.31.09

Rosebrock, Melissa
From: Garoma, Miressa
Sent: Wednesday, April 04, 2012 3:48 PM
To: Rosebrock, Melissa
Subject: RE: Buttke Enforcement DV-2012-0009 ---Facility #76-12
Thanks Melissa for the info.
From: Rosebrock, Melissa
Sent: Wednesday, April 04, 2012 3:12 PM
To: Garoma, Miressa
Cc: Larick, Keith; Buffington, Beth; Mitchell, Patrick; Knight, Sherri
Subject: Buttke Enforcement DV-2012-0009 ---Facility #76-12
Miressa,
will be faxing you two documents which were sent to me by Wayne Buttke (01C). The first one is a SLUR-2
form for the field in which the discharge occurred. The second document is the Waste Analysis Report for the
application event. Both documents appear to be in compliance.
However, I tailed Wayne Buttke to request that he send the SLUR-1 form as well and he stated "that he didn't
have one." He also stated that "he was aware of the discharge about 2 hours after it happened but did not see
the site where the discharge occurred until the next day because he was over at the Meredell Farm applying
waste." The Meredell Farm, aka Kings Mill and aka Buttke Dairy Enterprises, is currently permitted as
Koopman Dairies, facility #76-60,
Wayne Buttke also stated that "it was the first time that we had applied waste in this field." I confirmed with
him that it was the first time that the driver and the leasee, and that particular type of equipment had applied
waste onto the field in question (i.e. the field where the discharge occurred) and he said "yes."
What other information do you need?
Melissa Rosebrock
E-mail Address: [e-mail]
NCDENR Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
[phone]; fax [phone]
www.ncwaterguality.org
f--mall correspondence to and from this address may be subject to the
North Carolina public Records Law and may be disclosed to third parties.

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FORM SLUR-2
Tract A
Field SaeMetted ftres)--(Aj
Faun O%NW
w _...t:...,4inr f iplrt Records
5r�rry and 5iuuyc ry,}r..,�.«, .. .
One Fam for Each Fir, per Crco C;de
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up- tr� e- 5 K.
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Owners Phone #
b w rr e1"1aa� ;� Type
f1) f2) f3l "I
Field #
Faciiitf Number
Spreader Operator A4 ME
am Address t r) a Mt(;acim.a t_.AKIe W
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�(1" ' Can be und in operators awrW loathe spreader. Contact a local deafer it Vw-do rat have yocu
t „ ( .• See your waste managwient p1m for samp{ing hequenol. At a mirthmm. waste analysis is required wQhin 60 days of land appltcation wrents.
••-Enter the value received by subvacfkg cokzw M from (B). Coafte sub0c" column (7) from aotutnn (8) Mowing each appfica6on event.
..Enter nutrient source (ie- tagoardStrnge Pond 10. omunwirral fedbmf. dry litter. etc-) 3)14f2003
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February 18, 2012
Dear Ms. Sherri V. Knight,
RECEIVED
N.C. Dept. of ENH
FEB 2 2 2012
Winston-Salem
Regional Office
This is in response to the letter on January 21, 2012. It was an unfortunate accident with
regarding your question about how to prevent it from happening again.
We already have implemented a change in procedure. All drivers get in a truck and go to the
fields we plan to haul in. There is not any more going to this field and spread. We only spread if
the conditions are right for application. We also are taking a course, for waste management with
Ms. Marty Day on February 20th and 215"
We will all be educated in all aspects of hauling dairy waste for Koopman Dairies Inc.
Sincerely,
lftffFew C Pearson, II

Koopman Dairies, Inc.
204 Loyd Road
Statesville, NC 28625
Winston Salem Regional Office
ATT, Sherri V. Knight
585 Waughtown Street,
Winston Salem, NC 27107
February 6, 2012
Subject= Notice of Violation-- NOV-2012-DV-0026
Dear Mrs Knight,
RECEIVED
N.C. Dent. of ENR
i FEB Q 8- 202
1 Winston-Salem
Regional Coe
We would like to respond to the NOV dated January 19t" 2012. We sincerely regret the incident,
however we do believe it was an accident. Our actions after the incident were well managed and
hopefully prevented the spill from contaminating even more. Ard Koopman was on the site within 30
minutes and immediately started building a containment berm with the help of shovels and a payloader.
Later the trackhoe arrived to finish the job.
In order to make our manure operators even more aware and knowledgeable of their job we have
invited Marti Day, Corporate Extension Agent, to give the "Operator in Charge' training to all people
involved in our manure handling. This training will take place on February 20th and 21".

We try to handle our manure in a responsible manner, which is one of the reasons why we try to spread
manure based on weather conditions, forecasts and land availability. We do not like to be in the position
in which we have to spread manure because our storage ponds are too full. Therefore we do not agree
with the argument that we should not spread manure because our storage ponds are not an immediate
threat. Our goal is to avoid a situation like that?
We hope you understand that we do our best every day to be good stewards of this operation and will
do everything in our power to avoid contamination in the future.
Sincerely,
�Koopman Dairies Inc by
Monique Koopman

memo
NCDEEIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Govemor Director
January 19, 2012
CERTIFIED MAIL # 7008 1300 0001 1938 6854
RETURN RECEIPT REQUESTED
Mr. Arlin Buttke
Buttke Dairy Enterprises
5796 Walker Mill Road
Randleman, NC 27317
CERTIFIED MAIL # 7004 1300 0001 1938 6861
RETURN RECEIPT REQUESTED
Mr. Ard Koopman
Ard Koopman Dairies
204 Loyd Road
Statesville, NC 28625
SUBJECT: Notice of Violation/Notice of Intent to Enforce
Permit Condition Violations - NOV-2012-DV-0026
North Carolina General Statute Violation
Certificate of Coverage #AWC760012, Facility #76-12
Parcel ID: 7745250024
Randolph County
Dear Messrs. Buttke and Koopman:
Dee Freeman
Secretary
On January 7, 2012 the North Carolina Emergency Operations Center in Raleigh received a
complaint alleging a liquid manure spill on Beeson Farm Road in Randolph County. Randolph
County Emergency Management Coordinator, Captain Jared-K. Byrd, was notified of the
complaint and promptly responded to the scene.
Division of Water Quality (DWQ) staff has determined that waste from your dairy operation
located on the south side of Walker Mill Road was being applied onto pasture land in Tract-2159
Fields 1 and 7 (owned by Richard D. Hollingsworth) when the slurry truck became stuck in some
soft, saturated, ground near an unnamed tributary (UT) to Caraway Creek (class C waters of the
State). Mr. Ard Koopman, manager of the dairy from where the animal waste originated,
estimates that between 400-500 gallons of animal was pumped onto the ground before the driver
Winston-Salem Regional Office
585 Waughtown Streel Winston-Salem, NC 27107
Phone: [phone] FAX [phone]
NCDENR Customer Service: 1-877-623-6748
Internet: mm.nMaterauality.org
An Equal Opportunity � Atfirmwe Action Employer
NorthCarofina
Aw ra!!tf

41
A. Buttke
January 19, 2012
Page 2 of 4
reportedly "remembered to shut the equipment off' (see Mr. Byrd's report, attached). It is
estimated that 200-300 gallons of animal waste was illegally discharged into the UT.
DWQ Winston-Salem Regional office (WSRO) staff visited the site on January 9, 2012, and
observed that: 1) animal waste had been land applied to within 15-feet of the UT and 2) animal
waste was still present in the UT. As previously cited (June 2007 Notice of Violation), the
Certified Animal Waste Management Plan (CAWMP) states that animal waste is NOT to be
applied closer than 25' to perennial waters.
Our investigation confirms that an earthen berm was constructed, reportedly within a few hours
of the spill, in an attempt to prevent the additional discharge of animal waste into the stream.
However, due to wet soil conditions along the stream, the berm could not be .constructed to
exclude any of the waste pumped/discharged within 15 feet of the UT. The remaining waste has
the potential to run-off from the 15-foot un-bermed area and into surface waters, especially
during rain events.
Stream samples were obtained and analyzed for fecal coliform bacteria. The sampling site
located upstream of the application field resulted in 15 colonies/100 mL.while the downstream
location had 1,500 colonies/100 mL. The North Carolina water quality standard for fecal
coliform is 200 colonies1100 mL (maximum). There is the possibility for future civil penalty
assessments should DWQ obtain a required total of five samples within 30 days that result in a
geometric mean greater than 200 colonies/100 ml. There were no violations of the pH or r
dissolved oxygen standards on the date of our site investigation..
During the course of our investigation, the "concrete", "large side" and "small side" waste
storage structures were found to have at least six, four, and eight feet of volume, respectively,
prior overtopping or discharging through a spillway. Additionally, there were no immediate
threats to the integrity of the structures. The waste storage capacity was, therefore, more than
adequate at the time of the misapplication and subsequent discharge into the UT.
Violations
The non -compliant application event and subsequent unpermitted discharge cited above violates
NC General Statute (NCGS) 143-215.1 and several conditions of the Cattle Waste Management
System General Permit. Specifically:
NCGS 143-215.1 (a) - which reads "Activities for Which Permits Required. —No person shall
do any of the following things or carry out any of the following activities unless that person has
received a permit from the Commission and has complied with all conditions set forth in the
permit: (1) Make any outlets into the waters of the State." .
Permit Section 1. 1. - Failure to operate the facility as a non -discharge system and
prevent a discharge of waste that reaches surface water, wetlands, or by other means of
conveyance that drains to surface water or wetlands.
Permit Section H. 1. - Failure to properly operate the land application field.

'! A. Buttke
January 19, 2012
Page 3 of 4
17. - Failure of the person under the supervision of the OIC to insure
that the animal waste is land applied in accordance with the
CAWMP.
20. - Failure to maintain buffer strips near land application areas.
21. - Failure to apply waste on land that is not saturated with water.
Our records indicate that two Notices of Violation (NOV) were previously issued to Buttke
Dairy Enterprises (June 2007 and December 2011) for non -compliant application events.
Of note is the fact that,,in the prior and current instances of misapplication, the animal waste
originated from that portion of the farm leased to and managed by Mr. Koopman.
Corrective Actions:
1. If you have not already done so, immediately cease application methods of animal waste
that causes or contributes to the unpermitted discharge and take all necessary steps to
insure this violation does not reoccur.
2. In the fixture you must notify DWQ within 24 hours of the occurrence of any reportable
events in accordance with your permit (Section III. 9 and 13.). While we are aware that
Mr. Byrd stated that he would notify DWQ of the discharge, it is the responsibility. of the
permittee to do so as well.
3. In the future, you must file a written report to the W SRO within five (5) calendar days
following first knowledge of occurrences (i.e. discharge) outlined in Section 111.13. of the
permit. Our office is in receipt of your report filed January 19, 2012 after being re -sent
due to a technical problem.
4. In the future, a waste sample must be obtained within seventy-two (72) hours following
first knowledge of a discharge to surface waters or wetlands, from the source storage
pond, and shall be analyzed for the minimum parameters which are stated in Section
III.9.f. of the permit. Our office has noted that the samples were presented to the
laboratory for analysis on January 13, 2012. The results must be submitted to our office
within thirty (30) days of the discharge event.
5. The following items must be submitted within 30 days of receipt of this Notice:
a. A completed SLURA and SLUR-2 form for Tract 2159 Fields 1 and 7 regarding any
applications made in 2011 - present. -
b. A copy of all waste analyses obtained within 60-days of January 7, 2012.
c. On -farm precipitation records for January 6-8, 2011.
6. Per the permit (Section I.17.), the OIC (W. Buttke) must delegate the OIC responsibility
to Mr. Koopman (or the contractor), OR he must be present on -site when waste is
applied.
It is suggested that a back-up OIC be designated as well. Due to the size, scale, and separate
arrangement of the operations under one permit, this office believes animal waste management
can be improved by the presence of two certified operators.
r ,

A. Buttke
January 19, 2012
Page 4 of 4
This office is considering recommending an assessment of civil penalties against Buttke Dairy
Enterprises and Ard Koopman, jointly and severally, for the above referenced violations. If you
wish to present an explanation for the violations cited, or if you believe there are other factors
which should be considered; please send such information to me in writing within thirty (30)
days following receipt of this letter. Your explanation will be reviewed, and, if an enforcement
action is still deemed appropriate, your explanation will be forwarded to the Director with the
enforcement package for their'consideration.
Your written response should be sent to my attention at the address shown on the letterhead. Be
advised that NC General Statutes provide for penalties of up to $25,000 per day per violation as
well as criminal penalties for violations of state environmental laws and regulations.
Your immediate attention is greatly appreciated. If you have questions concerning this Notice,
please contact Melissa Rosebrock or me at [phone].
cc: APS Animal Feeding Operations Unit
Mr. Wayne Buttke — OIC, Buttke Dairy Enterprises
Randolph County MRCS
WSRO Facility Files
Sincerely,
Avvx' J--L" -
ei
Sherri V. Knight
Regional Supervisor
Aquifer Protection Section
i '.T

■ Complete items 1, 2, and 3. Also complete A �ir
item 4 if Restricted Delivery is -desired. X
■ Print your name and address on the reverse
so that we can return the card to you. 11 Received (p,�
■ Attach this card to the back of the mailpiece, i�
or on the front if space permits. 11
1. Article Addressed to:
Mr. Arlin Buttke-
Buttke Dairy Enterprises
5796 Walker Mill Road
Randleman, NC 27317
D. Is delivery address different from
If YES, enter delivery address belo
w:
❑ Agent
Addressee
C. Date of Delivery
- 24 '(-
Item 17 ❑ Yes
0 yo
3. SVOG Type
Certified Mail ❑ Express Mail
❑ Registered ❑ Rearm Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Fxtra Fee) ❑ Yes
2' � i70d6h1!b-dAbOV 1,.93`8 685�} it' r/ZCl SL
PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540

UNITED STATES PA$ Ytgi ,;
Sender: Please print your name, address,
and ZIP+4 in this box •
go sc_b rock
Aquifer Protection Section
z o
E 8
N.C. Dept. of Environment and Natural
Re
t'rcL9+
_ o
585 Waughtown Street
S A
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Winston-Salem, NC 27107-2241
Uf0 z
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. .: tit 1111I1111I Mf111111 F111111I1111 Hirt 11111F11111111L111111

Randolph County
DEPARTMENT OF
EMERGENCY SERVICES
152 N. Fayetteville St Ph: 336-3x8-693.x
Asheboro, NC 27203 Fax: [phone]
Office ofEmergency Management
January 9, 2012
Melissa Rosebrock
Division of Water Quality
RE: Beeson Farm Rd Incident
Randolph County Emergency Management was notified at 12:48PM on in/2012 by the North
Carolina Emergency Operations Center of a citizen complaint concerning a liquid manure spill
near the residence of 4624 Beeson Farm Rd.
I called the complainant (Mr. T.R. Hollingsworth) to obtain the information related to the
incident and responded to the scene, arriving at 2:39PM. Upon my arrival Mr. Hollingsworth
took me to a nearby field where the incident occurred. There I met Mr. Mark Hollingsworth, the
land owner, and Mr. Ard Koopman, who was in the process of attempting to contain the spill
with his staff. Mr_ Otto Buttke also was on scene (arrived later).
Mr. Koopman advised that the field was being sprayed with liquid manure when the truck
became stuck in some soft ground near a small creek. The liquid manure continued to pump onto
the ground "for several seconds" before the operator remembered to shut the equipment off. Mr.
Koopman estimated that between 400-500 gallons of the product was pumped on the ground. Mr.
Koopman also advised that they were waiting for a trackhoe to arrive so they could build a
containment berm.
Upon surveying the area, Mr. Koopmans story seemed consistent with what was noted. The
ground was soft, moist and saturated with liquid manure which had contaminated the nearby
stream. The water in the stream was a light brownish color in the immediate area of the spill. Mr.
T.R. Hollingsworth had advised that he had also noted the same appearance at least 3/ of a mile
downstream. Mr. Hollingsworth also advised that the adjacent land owners downstream had been
notified of the spill so that they may prevent livestock from using the stream as a watering
source.
I then made contact with Sara Morrison (DWQ on -call) and advised her of the situation and our
intentions of constructing a dirt berm to prevent any more contamination of the stream, to which

she agreed. Ms. Morrison advised that someone from DWQ would respond to follow up on
Monday (1/9/2012).
I remained on scene until the trackhoe arrived and constructed the dirt berm. All parties involved
were satisfied with the action taken until the incident could be followed up with this week by
DWQ.
Below is a map of the incident location. The red circle indicates the area of the spill.
If you need any further information, please do not hesitate to contact me.
Respectfully,
4114 /CsV4
Captain Jared K. Byrd
Emergency Management Coordinator
Randolph County Emergency Services
(0)336-318-6913 or (C) 336-301-6580
ikbvrd @co.randolph.nc.us

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. F. Dee Freeman
Governor Director Secretary
January 19, 2012
CERTIFIED MAIL # 7008 1300 0001 1938 6885
RETURN RECEIPT REQUESTED
Mr. Matthew C. Pearson, II
c/o Helen and Matthew C. Pearson
3458 Foust Road
Staley, NC 27355
SUBJECT: Notice of Violation
Permit Condition Violations — NOV-2012-DV-0026
North Carolina General Statute Violation
Certificate of Coverage #AWC760012, Facility #76-12
Parcel ID: 7745250024
Randolph County
Dear Mr. Pearson:
On January 7, 2012 the North Carolina Emergency Operations Center in Raleigh received a
complaint alleging a liquid manure spill on Beeson Farm Road in Randolph County. Randolph
County Emergency Management Coordinator, Captain Jared K. Byrd, was notified of the
complaint and responded to the scene.
Division of Water Quality (DWQ) staff has determined that waste from the Koopman Dairy
portion of Buttke Dairy Enterprises (the permittee) was being applied onto pasture land in Tract-
2159 Fields i and 7 when the slurry truck you were operating became stuck in some soft,
saturated, ground near an unnamed tributary (UT) to Caraway Creek (class C waters of the
State). Mr. Ard Koopman, manager of the dairy from where the animal waste originated,
estimates that between 400-500 gallons of animal was pumped onto the ground before you
"remembered to shut the equipment off' (see Mr. Byrd's report, attached). It is estimated that
200-300 gallons of animal waste was illegally discharged into the UT.
DWQ Winston-Salem Regional office (WSRO) staff visited the site on January 9, 2012, and
observed that: 1) animal waste had been land applied to within 15-feet of the UT and 2) animal
`• Winston-Salem Regional Office
585 VYaughtrnmn Stlwt 1 ffiston-Salem, NC 27107
Phone: [phone] FAX: [phone]
NCDENR Customer Semite: 1-877-623.6748 One
Internet: wawr.ncwaterQuality.ortt N) /�hCa+roliinc`I
An Equal opportunity S Atrumatrre Action Em*yer A to all

mow_ - - I - '
M. Pearson 4
January 19, 2012
Page 2 of 3
waste was still present in the UT. The Certified Animal Waste Management Plan (CAWMP)
states that animal waste is NOT to be applied closer than 25' to perennial waters.
Our investigation confirms that an earthen berm was constructed, reportedly within a few hours
of the spill, in an attempt to prevent the additional discharge of animal waste into the stream.
However, due to wet soil conditions along the stream, a berm could not be constructed to exclude
any of the waste pumped/discharged within 15 feet of the UT. The remaining waste has the
potential to run-off from the 15-foot un-bermed area and into surface waters, especially during
rain events.
Stream samples were obtained and analyzed for fecal coliform bacteria. The sampling site
located upstream of the application field resulted in 15 colonies/100 mL while the downstream
location had'1,500 colonies/100 mL. The North Carolina water quality standard for fecal
coliform is 200 colonies/100 mL (maximum). There is the possibility for future civil penalty
assessments should DWQ obtain a required total of five samples within 30 days that result in a
geometric mean greater than 200 colonies/100 mL There were no violations of the pH or
dissolved oxygen standards on the date of our site investigation.
During the course of our investigation, the "concrete", "large side" and "small side" waste
storage structures were found to have at least six, four, and eight feet of volume, respectively,
prior overtopping or discharging through a spillway. Additionally, there were no immediate
threats to the integrity of the structures. The waste storage capacity was, therefore, more than
adequate at the time of the misapplication and subsequent discharge into the UT.
Violations
The non -compliant application event and subsequent unpermitted discharge cited above violates
NC General Statute (NCGS) 143-215.1 and several conditions of the Cattle Waste Management
System General 'Permit. Specifically:
NCGS 143-215.1 (a) - which reads "Activities for Which Permits Required. — No person shall
do any of the following things or carry out any of the following activities unless that person has
received a permit from the Commission and has complied with all conditions set forth in the
permit: (1) Make any outlets into the waters of the State."
Permit Section I.1. - Failure to operate the facility as a non -discharge system and
prevent a discharge of waste that reaches surface water, wetlands, or by other means of
conveyance that drains to surface water or wetlands.
Permit Section II.1. - Failure to properly operate the land application field.
17. - Failure of the person under the supervision of the OIC to insure
that the animal waste is land applied in accordance with the
CAWMP.
20. - Failure to maintain buffer strips near land application areas.
21. - Failure to apply waste on land that is not saturated with water.

M. Pearson
January 19, 2012
Page 3 of 3
Corrective Actions:
1. If you have not already done so, immediately cease application of animal waste that
cause or contribute to the unpermitted discharge and take all necessary steps to insure this
violation does not reoccur.
2. In the future you must notify the Operator in Charge (OIC) immediately upon discovery
of any unpermitted discharge into waters of the State, including wetlands.
3. We urge your cooperation in preventing future unpermitted discharges. We request that
you respond in writing within thirty (30) days of receipt of this correspondence detailing
how potential water quality concerns are to be avoided in the future.
4. This office suggests that you pursue the necessary steps to become a certified animal
waste operator (OIC-operator in charge). Due to the scale and complexity of permitted
operations, like Buttke Dairy Enterprises, it would be helpful for you as an applicator to
have a: 1) general knowledge of animal operations and animal waste management
systems; 2) knowledge of the laws and regulations related to the operation of animal
waste management systems; 3) knowledge of the equipment usually employed in cattle
animal waste management systems.
Training as an OIC will also enable you to describe the general maintenance
requirements for application equipment, have the ability to perform calibrations and
calculations related to the land application of the waste, have an understanding of animal
waste management plans, and to be able to read and complete the forms necessary to
document the proper land application of animal waste in accordance with the animal
waste management plan. Please contact the Technical Assistance and Certification Unit at
[phone] or ncdenr.ora/web/wa/admin/tacu for more information.
Your written response should be sent to my attention at the address shown on the letterhead. Be
advised that NC General Statutes provide for penalties of up to $25,000 per day per violation as
well as criminal penalties for violations of state environmental laws and regulations.
Your immediate attention is greatly appreciated. If you have questions concerning this Notice,
please contact Melissa Rosebrock or me at [phone].
Sincerely,
_Y
Sherri V., Knight
Regional Supervisor
Aquifer Protection Section
cc: APS Animal Feeding Operations Unit
Mr. Wayne Buttke — OIC, Buttke Dairy Enterprises
Mr. Arlin Buttke-owner and permittee, Buttke Dairy Enterprises
Randolph County NRCS
WSRO Facility Files

■ Complete items 1, 2, and 3. Also'complete
item 4 If Restricted Delivery is desired..
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the hack of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Mr. Matthew C. Pearson, 11
i c/o. Helen and Matthew C. Pearson
3458 Foust Road
Staley, NC 27355
A. Signature
. i) .
B. Received by ( Name)) C. Date of Delivery
fl�f�77I � I 5A-n<n 1 " Z( -!Z
D. is delivery address different from Item 1? ❑ yes
If YES, enter delivery address below: ❑ No
OR
3. Sqrvlce Type
10 cerntied Mali ❑ Express Mail
❑ Registered ❑ Retum Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ yes
2' �� 1 7[ib$ `�13f1d .......
t7��1 i1938 68'85' r!
Ps Form 3811, February 2004 Domestic Return Receipt —a 3 -�a 102595-02-M-1540

UNITED STATSFASTl4S7 s "G': �" �r.. +.r.
".,� W,e ^Paid
tea.. or. .
• Sender. Please print your name, address, and ZIP14 in this box •
M z
Aquifer Protection Section w � G"M v
N.C. Dept. of Environment and Natural Res e3m
585 Waughtown Street
Winston-Salem, NC 27107-2241
111if11111 if 111)1111111Ili$III i 11 if jil fJ!J1ji 111 i 1111711 if

Randolph County
DEPARTMENT OF
EMERGENCY SERVICES
152 N. Fayetteville St Ph: 336-318-6911
Asheboro, NC 27203 Fax: [phone]
Office of Emergency Management
January 9, 2012
Melissa Rosebrock
Division of Water Quality
RE: Beeson Farm Rd Incident
Randolph County Emergency Management was notified at 12:48PM on in/2412 by the North
Carolina Emergency Operations Center of a citizen complaint concerning a liquid manure spill
near the residence of 4624 Beeson Farm Rd.
I called the complainant (Mr. T.R. Hollingsworth) to obtain the information related to the
incident and responded to the scene, arriving at 2:39PM. Upon my arrival Mr. Hollingsworth
took me to a nearby field where the incident occurred. There I net Mr. Mark. Hollingsworth, the
land owner, and Mr. Ard Koopman, who was in the process of attempting to contain the spill
with his staff. Mr. Otto Buttke also was on scene (arrived later).
Mr. Koopman advised that the field was being sprayed with liquid manure when the truck
became stuck in some soft ground near a small creek. The liquid manure continued to pump onto
the ground "for several seconds" before the operator remembered to shut the equipment off. Mr.
Koopman estimated that between 400-500 gallons of the product was pumped on the ground. Mr.
Koopman also advised that they were waiting for a trackhoe to arrive so they could build a
containment berm.
Upon surveying the area, Mr. Koopmans story seemed consistent with what was noted. The
ground was soft, moist and saturated with liquid manure which had contaminated the nearby
stream. The water in the stream was a light brownish color in the immediate area of the spill. Mr.
T.R. Hollingsworth had advised that he had also noted the same appearance at least 3/4 of a mile
downstream. Mr. Hollingsworth also advised that the adjacent land owners downstream had been
notified of the spill so that they may prevent livestock from using the stream as a watering
source.
I then made contact with Sara Morrison (DWQ on -call) and advised her of the situation and our
intentions of constructing a dirt berm to prevent any more contamination of the stream, to which
l

she agreed. Ms. Morrison advised that someone from DWQ would respond to follow up on
Monday (1/9/2012).
I remained on scene until the trackhoe arrived and constructed the dirt berm. All parties involved
were satisfied with the action taken until the incident could be followed up with this week by
DWQ.
Below is a map of the incident location. The red circle indicates the area of the spill.
If you need any further information, please do not hesitate to contact me.
Respectfully,
Captain Jared K. Byrd
Emergency Management Coordinator
Randolph County Emergency Services
(4)336-318-6913 or (C) 336-301-6580
Lbyrd C? co. ran dolph. nc. u s

4
Q N.C.RECEVED
Deptl of ENR Page 1 of 1
U LF'rD,2. 5 T E S T JAN 19 2012
Laboratory Report o r t Winston-Salem
p RegionalOffloe
Lab LOcaflan W' Lab Location 'C' Lab Location 'W'
NCMIW Cert.#: 067 NCIDW Cert.#: 37731 NClWW Cert.#: 103 NCIDW Cert.#: 3.7733 NCIWW Cert.#: 075 NC1DW Cert.#: 37721
6701 Conference Dr, Raleigh, NC 27607 6300 Ramada Dr, Suite C2, Clemmons, NC 27012 6624 Gordon Rd, Unit G, Wilmington, NC 28411
Ph: [phone] Fax: [phone] Ph: [phone] Fax: [phone] Ph: [phone] Fax: [phone]
Project No.:
Project ID. BUTTKE 076-12; RANDOLPH COUNTY
--- Prepared for ---
MELISSA ROSEBROCK
DWQ
585 WAUGHTOWN ST.
WINSTON-SALEM, NC 27107
Report Date: 111212012
Date Received: 1/9/2012
Work Order#: 1201-00701
Cust. Code: 800993
Cust. P.O.#:
No. Sample ID Date Sampled Time Sampled Matrix Sample Type Condition
001 UPSTREAM; BUTTKE 1/9/2012 14:10 SW Grab 4 +1- 2 deg C
Test Performed
Method
Results
------------ I zed -----...
Lab Loc a� Time Qualifier
Fecal Collforms/MF
SM 9222D
15 CFUIi00mL
C 119112 16:20
No. Sample ID
002 DOWNSTREAM; BUTTKE
Date Sampled
1/9/2012
Time Sampled Matrix
13:55 SW
Sample Type Condition
Grab 4 +1- 2 deg C
Test Performed
Method
Results
------------ I zed --------
Lab Loc a� lime Qualifier
Fecal Collforms/MF
SM 9222D
1500 CFU1100mL
C 119112 16:20
Reviewed by:
for Tritest, Inc.

C
TRiTEST Chain of Custody
6701 Conlerence Drive, Aaleigh, NC 27607
ph: [phone], fax: [phone]
NCWW COW, NCDW Cort#37731
6624 Gordon Road. Vnit G, Wilmington, NC 28411
ph: [phone]. fax: [phone]
NCWW Cert#75, NCDW Cert#37721
100 Ramada Dr„ Suite CZ, Clemmons, NC 27012
ph: [phone], lax; [phone]
NCWW Cert#103, NCDW Cert#37733
Report Results To: Bill To:
Company: L�q' lo w Q i� E tIJ
Address:—"
to,n
Ath1: alet�550. R �rtxO 7
Phone: _.336--_l_1- S a % 9
Fax: —1 J U . 1
Sampled by (signature):
Tritest W.O. #
Project Reference• U
(Z4�a�6
Project Number:
Purchase Order #:
tandard Report Delivery
❑ Rush Report Delivery (wlsurcharga)
"Rush projects ere'subjecl to prior approval by
the laboratory
Requested Due Date:
Sample Description
Aw—
Analyses Requested
MUMIWO
Relinquished by (signature
Received by (signature)
Date
qq pl g,
Time
16,10
Rerinquished by (signature)
Received by (signature)
Date
Time
Relinquished by {signature)
Received by (signature)
Dale
Time
Receipt Conditions (Lab VJS Only)
0 4s2°C 0 Temp; °C
Res. chlorine:
❑ Absent ❑ Present ❑ nta
Acid preserv. <2?
❑ Yes ❑ No ❑ nla
Base preserv. >127
-Yes 0No 0Na

`INVOICE
Please remit payment to
Tritest, Inc.
P.O. Box 33190
Raleigh, NC 27636
Attn: Accounts Receivable
NCDENRIDWQ
585 WAUGHTOWN STREET
WINSTON-SALEM, NC 27107
Attn: MELISSA ROSEBROCK
RECEIVED
N.C. Dept. of ENR
JAN 19 2012
Winston-Salem
Regional Office
INVOICE NUMBER :
446669
INVOICE DATE:
1 /13/2012
WORK ORDER # :
1201-00701
phone:[phone]
fax:[phone]
Client Number: 800993
PROJECT INFO: BUTTKE #76-12; RANDOLPH COUNTY
YOUR ORDER DATE:: 119l2012 INVOICE TERMS: NET 30 DAYS
PURCHASE ORDER REF :
Quantity
Done
2 MI-COLIF
Procedure Performed
Fecal Coliforms/MF
Unit Extended
Price Price
20.00
40.00
A FINANCE CHARGE of 1.6% (18% annually) will be assessed to invoices over 30 days. Total $44.00Paid 4.00
Balance 40.00

1
Soil Map --Randolph County, North Carolina if
N �r
35. 49 37'
lj
z� 2
r
K
Nap Seale: 1:5,150 If printed on A size (8.5' x 11') sheet
AAeters
AN 0 50 t00 200 300
A Feet
0 250 500 1,000 U00
VSDA Natural Resources Web Soil Survey
2+ Conservation Service National Cooperative Soil Survey
■
-
3/14/2012
Page 1 of 3
35' 41r 3fi
35' 49' 13'

V
MAP LEGEND
Area of Interest IAOQ
0
Area of Interest (AOI)
Sells
Q
Soil Map Units
Special
Point Features
W
Rkmoul
®
Borrow Pit
Clay Spot
♦
Closed Depression
X
Gravel Pit
Gravelly Spot
®
Lando
A
Lava Flow
46
Marsh or swamp
R
Mine or Quarry
Miscellaneous Water
O
Perennial Waiter
v
Rock Outcrop
t
Saline Spot
Sandy Spot
.8.
Severely Eroded Spot
Q
Sinkhole
Slide or Slip
*
SO& spot
a
Spas Area
Q
Storry Spot
Boll Map -Randolph County, North Carolina
MAP INFORMATION
Very Stony Spot
Map Scale: 1:5,150 If printed on A size (8.5" x 11 ") sheet.
Wet spot
The soil surveys that comprise your A01 were mapped at 1:24,000.
Other
Warning: Soil Map may not be valid at this scale.
Special
Una Features
Enlargement of maps beyond The scale of mapping can cause
L,a
Gay
misunderstanding of the detail of mapping and accuracy of sal line
r
Short Steep Slope
placement. The maps do not show the small areas of contrasting
sons that could have been shown at a more detailed scale.
Other
Political Features
Please rely on the bar scale on each map sheet for accurate map
O
Cities
measurements.
Water Fastum
Source of Map: Natural Resources Conservation Service
Streams and Canals
Web Soil Survey URL: httpJ/websollsurvey.nres.usda.gov
,-..
Coordinate System: UTM Zone 17N NAD83
Transportation
This product is generated from the USDA-NRCS certified data as of
+++
Rads
the version date(s) listed below.
ry
Interstate Highways
Soll Survey Area: Randolph County, North Carolina
iv
US Routes
Survey Area Data: Version 16, Jan 7, 2008
Major Roads
Date(s) aerial Images were photographed: 617/2006
Local Roads
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
Imagery displayed on these maps. As a result, some minor sh€f mg
of map unit boundaries may be evident.
Natural Resources Web Soil Survey 311412012
Eillililill Conservation Service National Cooperative Soil Survey Page 2 of 3

Soil Map -Randolph County, North Carolina
Map Unit Legend
Randolph County, North Carolina (NC161)
Map Unit Symbol
Map Unit Name
Acres in A01
Percent of A01
BaB
Badin-Tarrus complex, 2 to 8 percent slopes
0.4
0.7%
Bac
Badin-Tarrus complex, 8 to 15 percent slopes
1.8
3.0%
BtB2
Badin-Tarrus complex, 2 to 8 percent slopes,
moderately eroded
25.4
42.4%
McC2
Mecldenburg day loam, 8 to 15 percent slopes,
moderately eroded
0.1
0.1 %
WtC
Wynott-Enos complex, 8 to 15 percent slopes
32.2
63.7%
Totals for Area of Interest
60.0
100.09E
USDA Natural Resources Web Soil Survey 3114/2012
Conservation Service National Cooperative Soil Survey Pape 3 of 3

Jan 19 12 07T34a I P.1
FAX COVER SHEET
FROM:
Buttke Dairy Enterprises
5796 Walker Mlll Road
Randleman, NC 27317
Phone:
336-495' 1393 (Farm) 336-687-8440 (Wayne)
Fax:
336-495-1394 (Farm) 336-4984975 (Wayne)
TO: FROM:
Environmental & Natural Resourses Wayne Buttke
ATTN: DATE:
Melissa Rose Brock 1/14/2012
Fax:
336-771-4632
Total Pages Including Cover Sheet: 11
Informed 1/18/2012 Fax of 1/14/2012 had not been received. Resubmitted
1/19/2012. Please call when received.
Thanks
Wayne Buttke

Jan 19 12 07:37a
p,10
/I Al- _ 1. r0- . �1J o7 ►- -
J-. •l�ai ./ 1_
• / I
owl

•
KESEARCh & ANA1YT9CA ee."" . h "'��t-Cly,YLkORATWES, KC. Z
.o
RECEWED :Oil NG►#34 Z� fn
Analytical/Process Consultations
N.C. Dept. of ENR
FEB 0 2 2012 s ¢•
Winston-Salem r�'�'ED
Regional Offlce 1006118620�
Buttke Dairy Date Sample Collected 01/13/12
5796 Walker Mill Road Date Sample Received 01/13/12
Randleman, NC 27350 Date Sample Analyzed 01/13/12
Attn: Wayne Buttke Date of Report 01/31/12
Analyses Performed by YJ -AR -KL -DW -AA -SA
Lab Sample Number
-----------------
722385
Parameter Storet # Results
TSS
(00530)
12,200 mg/l
BOD-5
(00310)
1,530 mg/l
NH-3-N
(00610)
2,040 mg/1
TKN
(00625)
2,750 mg/1
NO2+NO3
(00630)
58.6 mg/1
TOT N
(00600)
2,810 mg/l
Phos,Tot
(00665)
92.4 mg/1
Fec Coli-MF
(31616)
1,700,000 MPN/100 ml
--------------------
Clients Sample Source BIG LAGOON BIG SIDE
Number
Time Collected (Firs) 1338
P.O. Box 473 • 106 Short Street . Kernersville, North Carolina 27284 • 336-996-2841 • Fax [phone]
www.randelabs.com

RESEARck & AWyA'C4
Ub®RAT®RiES, NC.
Analytical / Process Consultations
Phone [phone]
CHAIN OF CUSTODY RECORD
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WATER ! WASTEWATER AAtSC. ¢ .-i•i ..
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SAMPLER NAME (PLEASE PRINT)
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RELINQUISHED BYRECEIVED
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REMARKS:
TEMPERATURESAMPLE
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DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
March 16, 2012
MEMORANDUM:
To: Keith Larick
From: Sherri Knight
Melissa Rosebroc
Subject: Recommendation for Civil Penalty. -7
Case # PC-2012-0009" 1 "­
Buttke Dairy Enterprises, AWC760012
Randolph County
Please find documents attached supporting the Winston-Salem Regional Office request
for a civil penalty assessment against Arlin Buttke and Ard Koopman, jointly and severally, for:
1) making an outlet to the waters of the State without a permit; 2) failing to operate the dairy as a
non -discharge facility; 3) failing to insure that animal waste was applied in accordance with the
CAWMP; 4) failing to maintain buffer strips near land application areas; and 5) failing to apply
on land that is not saturated with water.
Arlin Buttke is owner of Buttke Dairy Enterprises, to which the Cattle Waste
Management System General Permit is issued. Ard Koopman, leasee, is the owner of Koopman
Dairies, Inc. and operates Koopman Dairies on the same property as that governed by Mr.
Buttke's permit (see attached Organization Chart).
WSRO-APS staff determined that an unpermitted discharge of waste from the Koopman
Dairies operation occurred on January 7, 2012 when the driver of the slurry truck became stuck
in soft, saturated, ground near the stream and then reportedly forgot to turn off the application
equipment. The discharge was reported by a citizen to the Randolph County Office of Emergency
Management. Of note: no one associated with the Buttke or Koopman Dairies reported the
discharge to DWQ prior to the notification by Emergency Management.
DWQ Winston-Salem Regional office (WSRO) staff visited the site on January 9, 2012,
and observed that: 1) animal waste had been land applied to within 15-feet of the UT; 2) animal
waste was still present in the UT; 3) an earthen berm was constructed about 15 feet from the
stream; 4) the upstream fecal coliform result was 15 colonies/100 mL and the downstream was
1,500 colonies/100 mL.
Our records document several years of repeated non-compliance by Buttke Dairy
Enterprises. Violations range from over -application of PAN, inadequate freeboard, run-off of
waste, failure to properly land -apply waste and applying animal waste during a precipitation
event in December 2011. We request that you initiate appropriate action from your office and

forward the attached package to the Aquifer Protection_ Section Chief The following items are
being transmitted for your review:
A) A completed "Findings and Decisions and Assessment of Civil Penalties."
B) A completed "Water Quality Enforcement Case Assessment Factors."
C) Most recent correspondence between violators and DWQ, including a copy of the
"NOV/NOI letter."
D) Photographs depicting the violations.
E) Laboratory results.
F) Conservation and Soil maps denoting the location of the discharge.
Please contact Melissa Rosebrock in our office at [phone] for any additional
information you may need. .
Attachments
cc: Winston-Salem Regional Office Facility Files
k-

Dwner & ;..
Rerm ittee
Sold to Ard
Koopman
1/15/12
■
■
•
w
w � w
•
North side,_Mathew
-of Walker Mill Rd.
Pearson's
.managed .by Arlin
son, fE ,
#76-12
-Buttke.
applies waste
Buttke Dairy
Enterprises
South side
_' Koopman
in.rain
Wayne'~
of,Walker Mill
contracts
1.-/23/,2011
Buttke OICT
Rd:
with
leased to Ard' ::
- Mathew Pearson
= ,
Ma'thew Pearson s
#76-60
=
Kings Mill,
-
Koopman
°�
for land
san, Nr,
until ZD14
application'
aka Meredell
-misapplies waste -
Chris Cass_:
1/7/2012
OIC`
-.causing discharge -
of 200-500-gal.

Findings and Decisions
and
Assessment of Civil Penalties'
Attachment A

STATE OF NORTH CAROLINA
COUNTY OF RANDOLPH
IN THE MATTER OF
ARLIN BUTTKE
AND
ARD KOOPMAN
FOR VIOLATION OF
NCGS 143-215.1(a)(1)
FOR MAKING AN OUTLET TO
THE WATERS OF THE STATE
OF NORTH CAROLINA
WITHOUT A PERMIT
AND
FOR VIOLATIONS OF CATTLE WASTE )
MANAGEMENT SYSTEM )
GENERAL PERMIT AWG200000 )
PURSUANT TO NORTH CAROLINA )
GENERAL STATUE 143-215.1 )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
FILE NO. DV-2012-0009
FINDING AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality (DWQ), I, Theodore L. Bush, Jr., Chief of the
Aquifer Protection Section of the DWQ, make the following:
I. FINDINGS OF FACT:
A. Arlin Buttke owns and operates Buttke Dairy Enterprises, a permitted cattle operation in
Randolph County.
B. Ard Koopman leases and manages Koopman Dairies, another cattle operation residing on the
property governed by Mr. Buttke's Cattle Waste Management System General Permit.
C. Arlin Buttke was issued Certificate of Coverage AWC760012 by the Division of Water Quality,
under General Permit AWG200000 for Buttke Dairy Enterprises on October 1, 2009, effective
upon issuance, with an expiration date of September 30, 2014.
D. North Carolina General Statute (hereafter known as G.S.) 143-215.1(a)(1) states that "No person
shall do any of the following things or carry out any of the following activities unless that person
has received a permit from the Commission and has complied with all conditions set forth in the
permit: Make any outlets into the waters of the State. "

E. Condition LL of the General Permit AWG200000 states in part that "Waste shall not reach
surface waters" and that "The waste collection, treatment, storage, and application system
operated under this General permit shall be effectively maintained as a non -discharge system."
F. Condition I1.17. of the General Permit AWG200000 states in part that "a person under the
supervision of an OIC shall inspect the land application site as often as necessary to insure that
the animal waste is applied in accordance with the CAWMP"
G. Condition 11.20. of the General Permit AWG200000 states in part that "The Permittee shall
maintain buffer strips ... as specified in the facility's CAWMP near ... land application areas." The
CAWMP states that waste is to be applied no closer than 25 feet to surface waters.
H. Condition II.21. of the General Permit AWG200000 states that "Waste shall not be applied on
land that is flooded, saturated with water, frozen or snow covered at the time of land
application."
I. On January 7, 2012, Staff in Raleigh (on -call) received a call from Captain Jared K. Bryd with
the Randolph County Emergency Services Department describing the discharge of animal waste
into a stream and the subsequent efforts by Ard Koopman "to prevent any more contamination of
the stream." Capt. Byrd's Incident Report states that the "ground was soft, moist, and saturated
with liquid manure which had contaminated the nearby stream."
Due to wet soil conditions along the stream, an earthen berm could not be constructed to exclude
any waste that had been applied or discharged within 15 feet of the stream.
K. Neither the OIC nor Ard Koopman was onsite when the discharge occurred.
L. On January 9, 2012, the DWQ Winston-Salem Regional office staff was first made aware of the
discharge and visited the site in question. Regional office staff observed that animal waste from
Koopman Dairies had been applied within 15 feet of the stream and that animal waste was still
present in the stream.
M. Fecal coliform samples taken on January 9, 2012 resulted in 15 col.1100 mL upstream and 1,500
col./I00 mL downstream of the discharge.
N. The unpermitted discharge occurred in an unnamed tributary to Caraway Creek, Class C waters
within the Yadkin -Pee Dee River Basin.
O. On January 19, 2012, the Division issued a Notice of Violation/Notice of Intent to Enforce
(NOVINOI) to Arlin Buttke and Ard Koopman, jointly and severally, identifying violations of
N.C.G.S. 143-215.1(a) and General Permit No. AWG200000. The violations include;
discharging to waters of the state; failure to operate as a non -discharge facility; failure to
properly operate the land application field; failure to insure that animal waste is land -applied in
accordance with the CAWMP; failure to maintain buffers; and failure to apply on land that is not
saturated with water.
P. The Notice of Violation was sent Certified Mail and received by Arlin Buttke on January 21,
2012. DWQ received Mr. Buttke's incident report on January 19, 2012 but no additional
correspondence. Ard Koopman verbally confirmed that he signed the green receipt card, but to

date, the green card has not been received by DWQ. The DWQ Winston-Salem Regional Office
received Mr. Koopman's written response on February 8, 2012.
Q. The cost to the State of the enforcement procedures in this matter totaled $1123.88
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Arlin Buttke and Ard Koopman are "persons" within the meaning of N.C.G.S. 143-215.6A
pursuant to N.C.G.S.143-212(4).
B. A permit for an animal waste management system is required by N.C.G.S. 143-215.1.
C. Caraway Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to
G.S. 143-212(6).
D. Arlin Buttke and Ard Koopman violated G.S. 143-215.1(a)(1) by making an unpermitted
discharge into waters of the State.
E. Arlin Buttke and Ard Koopman may be assessed, civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per violation per day may be assessed against a person who is required but
fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act
in accordance with the terms, conditions, or requirements of such permit or any other permit or
certification issued pursuant to authority conferred by this Part.
F. The above -cited failure to operate the facility as a non -discharge system and prevent a discharge
of waste that reached surface waters violated Condition No. I.l . of General Permit AWG200000.
G. The above -cited failure of Ard Koopman to insure that animal waste is land applied in
accordance with the CAWMP violated Condition No. II.17. of General Permit AWG200000.
H. The above -cited failure to maintain a 25 foot buffer strip near the land application area violated
Condition No. 11.20. of General Permit AWG200000.
1. The above -cited incident of applying animal waste on land saturated with water constitutes
violation of Condition I1.21. of General Permit AWG200000.
J. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be
assessed against a person who fails to apply for or to secure a permit required by N.C.G.S. 143-
215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by N.C.G.S. 143-215.1.
K. N.C.G.S. 143-215.6A(b) provides that if any failure to act as required by the rules is continuous,
a civil penalty of not more than $25,000.00 per violation may be assessed for each day the
violation continues.
L. N.C.G.S. 143-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8) provides that the reasonable costs of
any investigation, inspection or monitoring survey may be assessed against a person who

violates any regulations, standards, or limitations adopted by the Environmental Management
Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S. 143-
215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2.
M. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, has the authority to assess civil penalties in this
matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Arlin Buttke and Ard Koopman, are hereby assessed a civil penalty of:
$ for making an outlet to the waters of the State without a permit as required by
G.S. 143-215.1.
$ for violating Condition No. I.I. of General Permit AWG200000 by failing to
operate the facility as a non -discharge system.
$ for violating Condition II.17. of General Permit AWG200000 by failing to
insure that animal waste is applied in accordance with the CAWMP.
for violating Condition II.20. of General Permit AWG200000 by failing to
maintain buffer strips near land application areas.
$ for violating Condition II.21. of General Permit AWG200000 by failing to apply
on land that is not saturated with water.
$ TOTAL CIVIL PENALTY which is percent of the maximum penalty
authorized by N.C.G.S. 143-215.6A.
$ 1123.88 Enforcement costs
$ TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account
the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.

IV. NOTICE:
i
I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring
after the assessment period indicated above. Each day of a continuing violation may be considered a separate
violation subject to a maximum $25,000.00 per day penalty. Civil penalties 'and investigative cost may be
assessed for any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Arlin Buttke and Ard
Koopman, jointly and severally, in accordance with N.C.G.S. 143-215.6(A)(d).
(Date) Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality

Assessment Factors
Attachment B

DIVISION OF WATER QUALITY
CIVIL PENALTY ASSESSMENT FACTORS
Violators: Arlin Buttke-Buttke Dairy Enterprises and Ard Koopman-Koopman Dairies Inc.
County: Randolph
Case Number: DV-2012-0009
Permit Number: AWC760012
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
The field in question was leased to the permittee (Arlin Buttke) for waste application. The aftermath of
waste application onto wet ground, losing control of the application equipment, getting the equipment
stuck and its subsequent removal, all physically damaged the lower portion of the field. From the
landowner's perspective, the damage caused by the decision to improperly land apply could be costly to
repair. 1
The section of stream in question is a class C water of the State. Class C waters are to be protected for
uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation,
survival and maintenance of biological integrity, and agriculture. Based on our investigation and
observation, the unpermitted discharge of animal waste from the Koopman Dairies operation precluded
the use of the stream for these uses.
2) The duration and gravity of the violations;
Ard Koopman, owner of Koopman Dairies, Inc. estimated that between 400-500 gallons of waste was
discharged onto the ground. Note also, that the discharge was first reported by a citizen who observed "a
light brownish color" in the stream. DWQ staff observed this same coloring in the stream at least 48
hours later. Since the earthen berm could only be constructed to exclude waste >15 feet of the stream,
any waste discharged 515 feet of the stream continued to enter the stream during subsequent rain events.
As required by the permit, a waste sample was obtained from the source storage pond and. analyzed. Of
note: the fecal coliform result was 1.7 million MPN/l00 ml and the BOD was 1,530 mg/l. We are not
aware of any fish kills resulting from this discharge but believe the acute affect to be detrimental to the
surface water.
3) The effect on ground or surface water quantity or quality or on air quality;
Two days after the initial discharge, the upstream fecal coliform measured15 col./100 mL while the
downstream was still 1,500 col./100 mL. Waste was still concentrated in the stream on the date of our
investigation.
The stream bank and buffer area were significantly damaged when the application equipment became
stuck. The buffer was further damaged through the process of extracting the equipment. While the
earthen berm initially helped, that effort also further harmed the vegetation in the buffer area. The
denuded field and stream bank increase the likelihood of sediment run-off into the stream.
4) The cost of rectifying the damage;
The facility had equipment and a driver and was therefore able to construct an earthen berm with only the
cost of the fuel. The area will need to be seeded and permanent vegetation re-established.
rev 1.0 - 8,31.09

5)
ai
7)
The amount of money saved by noncompliance;
None,
Whether the violations were committed willfully or intentionally;
The Winston-Salem regional Office does not consider these violations to have been committed willfully
or intentionally but rather the result of poor waste application oversight, judgment, and training. When
the application equipment became stuck in the saturated soil, the driver stated that he forgot to turn the
PTO off, The WSRO can appreciate the anxiety of a young driver who finds himself stuck and sliding
downhill with a load of animal waste and "forgets to turn the equipment off." However, if the 25 foot set-
back had been adhered to, then he may not have gotten the equipment stuck to begin with.
Mr. Pearson was applying waste for Koopman Dairies on a sloped area of land in a field with which he
was not familiar. The upper portion of the field was dry enough and/or suitable for land application. The
lower part of the field was wet at the time of waste application and is, in fact, saturated most of the time
as evidenced by the inability to construct the earthen berm any closer than 15 feet to the stream. The
applicator should not have attempted to apply waste in a low-lying, saturated, area of the field.
Additionally, application by an 01C or someone under his direct supervision (i.e. with more experience)
may have also prevented the discharge scenario. Proper training and preparation of the driver prior to
entering the unfamiliar field, as well as proper supervision and oversight, might have mitigated the
discharge.
The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
December 2011 Civil Penalty Assessment of $2000 plus costs — for applying animal waste on land
saturated with water, resulting in excessive ponding and run-off and for applying animal waste during a
rainfall event.
.tune 2007 NOV - Failure to properly land -apply animal waste.
April 2007 NOV - Failure to properly operate and maintain the collection system, treatment, and storage
facilities.
August 2005 NOV - Failure to abide by the CAWMP and contain animal waste leachate. No discharge to
surface waters.
March 2002 NOV - Failure to maintain adequate freeboard. Failure to certify and include new waste
storage structure in CAWMP. Failure to install marker, and contain run-off. No discharge to surface
waters.
January 2002 NOV - Failure to abide by permit (un-certified WSP and over -application of PAN).
8) The cost to the State of the enforcement procedures.
Investigator # l — 3 hours field time
$90.81
Investigator #2 — 3.25 hours field time
$94.05
Investigator #1 — 24 hours enforcement time
$726.48
Sherri Knight — 1 hour for supervisor enforcement review
$39.71
Mileage — 67 miles @ 0.49 cents/mile
$32.83
Commercial Laboratory Costs
$40.00
Administrative costs
_ $100,00
Total Cost .
$1,123.88
Date Sup rvisor NamV
rev 1.0 - 8.31.09

Correspondence
Attachment C

Randolph County
DEPARTMENT OF
EMERGENCY SERVICES
152 N. Fayetteville St Ph: 336-318-6911
Asheboro, NC 27203 Fax: [phone]
Office ofEmergencgManagement
January 9, 2012
Melissa Rosebrock
Division of Water Quality
RE: Beeson Farm Rd Incident
Randolph County Emergency Management was notified at 12:48PM on 1/7/2012 by the North
Carolina Emergency Operations Center of a citizen complaint concerning a liquid manure spill
near the residence of 4624 Beeson Farm Rd.
I called the complainant (Mr. T.R. Hollingsworth) to obtain the information related to the
incident and responded to the scene, arriving at 2:39PM. Upon my arrival Mr. Hollingsworth
took me to a nearby field where the incident occurred. There I met Mr. Mark Hollingsworth, the
land owner, and Mr. Ard Koopman, who was in the process of attempting to contain the spill
with his staff, Mr. Otto Buttke also was on scene (arrived later).
Mr. Koopman advised that the field was being sprayed with liquid manure when the truck
became stuck in some soft ground near a small creek. The liquid manure continued to pump onto
the ground "for several seconds" before the operator remembered to shut the equipment off. Mr.
Koopman estimated that between 400-500 gallons of the product was pumped on the ground. Mr.
Koopman also advised that they were waiting for a trackhoe to arrive so they could build a
containment berm.
Upon surveying the area, Mr. Koopmans story seemed consistent with what was noted. The
ground was soft, moist and saturated with liquid manure which had contaminated the nearby
stream. The water in the stream was a light brownish color in the immediate area of the spill. Mr.
T.R. Hollingsworth had advised that he had also noted the same appearance at least 3/ of a mile
downstream. Mr. Hollingsworth also advised that the adjacent land owners downstream had been
notified of the spill so that they may prevent livestock from using the stream as a watering
source.
I then made contact with Sara Morrison (DWQ on -call) and advised her of the situation and our
intentions of constricting a dirt berm to prevent any more contamination of the stream, to which

she agreed. Ms. Morrison advised that someone from DWQ would respond to follow up on
Monday (11912012).
I .remained on scene until the trackhoe arrived and constructed the dirt berm. All parties involved
were satisfied with the action taken until the incident could be followed up with this week by
DWQ.
Below is a map of the incident location. The red circle indicates the area of the spill.
If you need any further information, please do not hesitate to contact me.
Respectfully,
41-4 ICI�J4 1
Captain Jared K. Byrd
Emergency Management Coordinator
Randolph County Emergency Services
(0)336-318-6913 or (C) 336-301-6580
jkbyrd@ co.randolph.nc.us

1)s f,fI .
1'
�. .

AM%
NOR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Charles Wakild, P. E.
Director
January 19, 2012
CERTIFIED MAEL # 7008 1300 6001 1938 6854
RETURN RECEIPT REQUESTED
Mr. Arlin Buttke
Buttke Dairy Enterprises
5796 Walker Mill Road
Randleman, NC 27317
CERTIFIED MAIL #_2008.1300 0001 1938 6861
RETURN RECEIPT REQUESTED
Mr. Ard Koopman
Ard Koopman Dairies
204 Loyd Road
Statesville, NC 28625
SUBJECT: Notice of Violation/Notice of Intent to Enforce
Permit Condition Violations—NOV-2012-DV-0026
North Carolina General Statute Violation
Certificate of Coverage #AWC760012, Facility #76-12
Parcel ID: 7745250024
Randolph County
Dear Messrs. Buttke and Koopman:
Dee Freeman
Secretary
On January 7, 2012 the North Carolina Emergency Operations Center in Raleigh received a
complaint alleging a liquid manure spill on Beeson Farm Road in Randolph County. Randolph
County Emergency Management Coordinator, Captain Jared K. Byrd, was notified of the
complaint and promptly responded to the scene.
Division of Water Quality (DWQ) staff has determined that waste from your dairy operation
located on the south side of Walker Mill Road was being applied onto pasture land in Tract-2159
Fields i and 7 (owned by Richard D. Hollingsworth) when the slurry truck became stuck in some
soft, saturated, ground near an unnamed tributary (UT) to Caraway Creek (class C waters of the
State). Mr. Ard Koopman, manager of the dairy from where the animal -waste originated,
estimates that between 400-500 gallons of animal was pumped onto the ground before the driver
WinstDnSalem Regional Office
585 VVaughlown Streal Winston-Salem, NC 2714'
?hone_: 336-71-50N iF.W 336-71-46SI
NMENR Custente, Service: 1_37 -623 Eli48
interv-A ivw v"al-Wattuafiw• om
Noz Marohtia

A. Buttke
January 19, 2012
Page 2 of 4
reportedly "remembered to shut the equipment off" (see Mr. Byrd's report, attached). It is
estimated that 200-300 gallons of animal waste was illegally discharged into the UT.
DWQ Winston-Salem Regional office (WSRO) staff visited the site on January 9, 2012, and
observed that: 1) animal waste had been land applied to within 15-feet of the UT and 2) animal
waste was still present in the UT. As previously cited (June 2007 Notice of Violation), the
Certified Animal Waste Management Plan (CAWMP) states that animal waste is NOT to be
applied closer than 25' to perennial waters.
Our investigation confirms that an earthen berm was constructed, reportedly within a few hours
of the spill, in an attempt to prevent the additional discharge of animal waste into the stream.
However, due to wet soil conditions along the stream, the berm could not be constructed to
exclude any of the waste pumped/discharged within 15 feet of the UT. The remaining waste has
the potential to run-off from the 15-foot un-bermed area and into surface waters, especially
during rain events.
Stream samples were obtained and analyzed for fecal coliform bacteria. The sampling site
located upstream of the application field resulted in 15 colonies/100 mL while the downstream
location had 1,500 colonies/100 mL. The North Carolina water quality standard for fecal
coliform is 200 colonies/100 mL (maximum). There is the possibility for future civil penalty
assessments should DWQ obtain a required total of five samples within 30 days that result in a
geometric mean greater than 200 colonies/100 ml. There were no violations of the pH or
dissolved oxygen standards on the date of our site investigation.
During the course of our investigation, the "concrete", "large side" and "small side" waste
storage structures were found to have at least six, four, and eight feet of volume, respectively,
prior overtopping or discharging through a spillway. Additionally, there were no immediate
threats to the integrity of the structures. The waste storage capacity was, therefore, more than
adequate at the time of the misapplication and subsequent discharge into the UT.
Violations
The non -compliant application event and subsequent unpermitted discharge cited above violates
NC General Statute.(NCGS) 143-215.1 and several conditions of the Cattle Waste Management
System General Permit. Specifically:
NCGS 143-215.1(a) - which reads "Activities for Which Permits Required. -- No person shall
do any of the following things or carry out any of the following activities unless that person has
received a permit from the Commission and has complied with all conditions set forth in the
permit: (1) Make any outlets into the waters of the State."
Permit Section 1. 1. - Failure to operate; the facility as a non -discharge system and
prevent a discharge of waste that reaches surface water, wetlands, or by other means of
conveyance that drains to surface water or wetlands.
Permit Section II.1. - Failure to properly operate the land application field.

A. Buttke
January 19, 2012
Page 3 of 4
17. - Failure of the person under the supervision of the OIC to insure
that the animal waste is land applied in accordance with the
CAWMP.
20. - Failure to maintain buffer strips rear land application areas.
21. - Failure to apply waste on land that is not saturated with water.
Our records indicate that two Notices of Violation (NOV) were previously issued to Buttke
Dairy Enterprises (June 2007 and December 2011) for non -compliant application events.
Of note is the fact that, in the prior and current instances of misapplication, the animal waste
originated from that portion of the farm leased to and managed by Mr. Koopman.
Corrective Actions:
1. If you have not already done so, immediately cease application methods of animal waste
that causes or contributes to the unpermitted discharge and take all necessary steps to
insure this violation does not reoccur. '
2. In the future you must notify DWQ within 24 hours of the occurrence of any reportable
events in accordance with your permit (Section III. 9 and 13.). While we are aware that
Mr. Byrd stated that he would notify DWQ of the discharge, it is the responsibility of the
per;mittee to do so as well.
3. In the future, you must file a written report to the WSRO within five (5) calendar days
following first knowledge of occurrences (i.e. discharge) outlined in Section Ill. 13. of the
permit. Our office is in receipt of your report filed January 19, 2012 after being re -sent
due to a technical problem.
4. In the future, a waste sample must be obtained within seventy-two (72) hours following
first knowledge of a discharge to surface waters or wetlands, from the sourcestorage
pond, and shall be analyzed for the minimum parameters which are stated in Section
III.9.f of the permit. Our office has noted that the samples were presented to the
laboratory for analysis on January 13, 2012. The results must be submitted to our office
within thirty (30) days of the discharge event.
5. The following items must be submitted within 30 days of receipt of this Notice:
a. A completed SLUR-1 and SLUR-2 form for Tract 2159 Fields 1 and 7 regarding any?
applications made in 2011 - present.
b_ A copy of all waste analyses obtained within 60-days of January 7, 2012.
c. On -farm precipitation records for January 6-8, 2011.
6. Per the permit (Section I.17.), the OIC (W. Buttke) must delegate the OIC responsibility
to Mr. Koopman (or the contractor), OR he must be present on -site when waste is
applied.
It is suggested that a back-up OIC be designated as .well. Due to the size, scale, and separate
arrangement of the operations under one permit, this office believes animal waste management
can be improved by the presence of two certified operators.

r.
A. Buttke
January 19, 2012
Page 4 of 4
This office is considering recommending an assessment of civil penalties against Buttke Dairy
Enterprises and Ard Koopman, jointly and severally, for the above referenced violations. If you
wish to present an explanation for the violations cited, or if you believe there are other factors
which should be considered; please send such information to me in writing within thirty (30)
days fallowing receipt of this letter. Your explanation will be reviewed, and, if an enforcement
action is stilll deemed appropriate, your explanation will be forwarded to the Director with the
enforcement package for their consideration.
Your written response should be sent to my attention at the address shown on the letterhead. Be
advised that NC General Statutes provide for penalties of up to $25,000 per day per violation as
well as criminal penalties for violations of state environmental laws and regulations.
Your immediate attention is greatly appreciated. if you have questions concerning this Notice,
please contact Melissa Rosebrock or me at [phone].
Sincerely,
'JL'c'--y I ` .
Sherri V. Knight
Regional Supervisor
Aquifer Protection Section
cc: APS Animal Feeding Operations Unit
Mr. Wayne Buttke — O1C, Buttke Dairy Enterprises
Randolph County MRCS
WSRO Facility.Files
i ■ Complete items 1, 2, aiid'3. Wso complete ig
i Item 4 if Restricted Delivery is'desliad. ❑Agent
s Print your name and address on the reverse X 17 Addressee
so that we can return the card to you. NLk eoieWed b (Printed Nanr� 0.�D,afe of Delivery
i al Attach this card to the back of the mailplece,
or on the front if space permits.
Al
D. Is delivery address different from Item 17 ❑ Yes
1: Article Addressed to: If YES, enter delivery address below: ❑ do -
Mr. Arlin Buttke
Buttke Dairy Enterprises
5796 Walker Mill Road s, sCe
Npe
Randleman, NC 27317 &1Cerned Mall ❑ Express Mall
❑ Registered ❑Ratum Receipt for Merchandise .
❑ Irisur6d Mali Cl C.O.R
4. Restricted Dellvery? (Exhafew) ❑ Yes
7008 1300 0001 1938 6854
-- nna a r)nmaelln Rafttrn Recelot W2595-024.5540

Koopman Dairies, Inc.
204 Loyd Road
Statesville, NC 28625
Winston Salem Regional Office
ATT� Sherri V. Knight
585 Waughtown Street,
Winston Salem, NC 27107
February 6, 2012
Subject, Notice of Violation- NOV-2012-DV-0026
Dear Mrs Knight,
RECEI1+t:p
N.r, Lu,t. of =NR
F 0 2
Niriston Salem
We would like to respond to the NOV dated January 19"' 2012. We sincerely regret the incident,
however we do believe it was an accident. Our actions after the incident were well managed and
hopefully prevented the spill from contaminating even more. Ard Koopman was on the site within 30
minutes and immediately started building a containment berm with the help of shovels and a payloader.
Later the trackhoe arrived to finish the job.
In order to make our manure operators even more aware and knowledgeable of their job we have
invited Marti Day, Corporate Extension Agent, to give the "Operator in Charge" training to all people
involved in our manure handling. This training will take place on February 20"' and 21".

We try to handle our manure in a responsible manner, which is one of the reasons why we try to spread
manure based on weather conditions, forecasts and land availability. We do not like to be in the position
in which we have to spread manure because our storage ponds are too full. Therefore we do not agree
with the argument that we should not spread manure because our storage ponds are not an immediate
threat. Our goal is to avoid a situation like than
We hope you understand that we do our best every day to be good stewards of this operation and will
do everything in our power to avoid contamination in the future.
Sincerely,
Koopman Dairies Inc by
Monique Koopman

MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Duality
Beverly Eaves Perdue Chades Wakild, P. E.
Governor Director
January 19, 2012
CERTIFIED MALL # 7008 1300 0001 1938 6885
RETURN RECEIPT REQUESTED
Mr. Matthew C. Pearson, H
c/o Helen and Matthew C. Pearson
3458 Foust Road
Staley, NC 27355
SUBJECT: Notice of Violation
Permit Condition Violations — NOV-2012-DV-0026
North Carolina General Statute Violation
Certificate of Coverage #AWC760012, Facility #76-12
Parcel ID: 7745250024
Randolph County
Dear Mr. Pearson:
Dee Freeman
Secretary
On January 7, 2012 the North Carolina Emergency Operations Center in Raleigh received a
complaint alleging a liquid manure spill on Beeson Farm Road in Randolph County. Randolph
County Emergency Management Coordinator, Captain Jared K. Byrd, was notified of the
complaint and responded to the scene.
Division of Water Quality (DWQ) staff has determined that waste from the Koopman Dairy
portion of Buttke Dairy Enterprises (the permittee) was being applied onto pasture land in Tract-
2159 Fields 1 and 7 when the slurry truck you were operating became stuck in some soft,
saturated, ground near an unnamed tributary (UT) to Caraway Creek (class C waters of the
State). Mr. Ard Koopman, manager of the dairy from where the animal waste originated,
estimates that between 400-500 gallons of animal was pumped onto the ground before you
"remembered to shut the equipment off' (see Mr. Byrd's report, attached). It is estimated that
200-300 gallons of animal waste was illegally discharged into the UT.
DWQ Winston-Salem Regional office (WSRO) staff visited the site on January 9, 2012, and
observed that: 1) animal waste had been land applied to within 15-feet of the UT and 2) animal
Mnston-5a6m Regional tftire
565 Wauglitown Street Winstm-5a1&m,11C 271C[-
Pbor-; 336-irr 1-500 i F4.\: 336-T71-46^1
WNW CustomerSemiw:1-4r 523-e+48 One
4iterznC v.vai.nasatargu81Rv,orp NolrthCa�+rolilea
Aliin3';c. ,ctir.i3 cm,7,% r a �vai tli/d allil

M. Pearson
January 19, 2012
Page 2 of 3
waste was still present in the UT. The Certified Animal Waste Management Plan (CAWMP)
states that animal waste is NOT to be applied closer than 25' to perennial waters.
Our investigation confirms that an earthen berm was constructed, reportedly within a few hours
of the spill, in an attempt to prevent the additional discharge of animal waste into the stream.
However, due to wet soil conditions along the stream, a berm could not be constructed to exclude
any of the waste pumped/discharged within 15 feet of the UT. The remaining waste has the
potential to run-off from the 15-foot un-bermed area and into surface waters, especially during
rain events.
Stream samples were obtained and analyzed for fecal coliform bacteria The sampling site
located upstream of the application field resulted in 15 colonies1100 mL while the downstream
location had'1,500 colonies/100 mL. The North Carolina water quality standard for fecal
coliform is 200 colonies/100 mL (maximum). There is the possibility for future civil penalty
assessments should DWQ obtain a required total of five samples within 30 days that result in a
geometric mean greater than 200 colonies/100 ml. There were no violations of the pH or
dissolved oxygen standards on the date of our site investigation.
During the course of our investigation, the "concrete", "large side" and "small side" waste
storage structures were found to have at least six, four, and eight feet of volume, respectively,
prior overtopping or discharging through a spillway. Additionally, there were no immediate
threats to the integrity of the structures. The waste storage capacity was, therefore, more than
adequate at the time of the misapplication and subsequent discharge into the UT.
Violations
The non -compliant application event and subsequent unpermitted discharge cited above violates
NC General Statute (NCGS) 143-215.1 and several conditions of the Cattle Waste Management
System General Permit. Specifically:
NCGS 143-215.1 (a) - which reads "Activities for Which Permits Required. —No person shall
do any of the following things or carry out any of the following activities unless that person has
received a permit from the Commission and has complied with all conditions set forth in the
permit: (1) Make any outlets into the waters of the State."
Permit Section 1[.1. - Failure to operate the facility as anon -discharge system and
prevent a discharge of waste that reaches surface water, wetlands, or by other means of
conveyance that drains to surface water or wetlands.
Permit Section 11.1. - Failure to properly operate the land application field.
17. - Failure of the person under the supervision of the OIC to insure
that the animal waste is land applied in accordance with the
CAWMP.
20. - Failure to maintain buffer strips near land application areas.
21. - Failure to apply waste on land that is not saturated with water.

r,
A Pearson
January 19, 2012
Page 3 of 3
Corrective Actions:
1. If you have not already done so, immediately cease application of animal waste that
cause or contribute to the unpermitted discharge and take all necessary steps to insure this
violation does not reoccur.
2. In the future you must notify the Operator in Charge (OIC) immediately upon discovery
of any unpermitted discharge into waters of the State, including wetlands.
3. We urge your cooperation in preventing future unpermitted discharges. We request that
you respond in writing within thirty (30) days of receipt of this correspondence detailing
how potential water quality concerns are to be avoided in the future.
4. This office suggests that you pursue the necessary steps to become a certified animal
waste operator (OIC-operator in charge). Due to the scale and complexity of permitted
operations, like Buttke Dairy Enterprises, it would be helpful for you as an applicator to
have a: 1) general knowledge of animal operations and animal waste management
systems; 2) knowledge of the laws and regulations related to the operation of animal
waste management systems; 3) knowledge of the equipment usually employed in cattle
animal waste management systems.
Training as an OIC will also enable you to describe the general maintenance
requirements for application equipment, have the ability to perform calibrations and
calculations related to the land application of the waste, have an understanding of animal
waste management plans, and to be able to read and complete the forms necessary to
document the proper land application of animal waste in accordance with the animal
waste management plan. Please contact the Technical Assistance and Certification Unit at
[phone] or ncdenr.or /wg� eb/wg/admin/tacu for more information.
Your written response should be sent to my attention at the address shown on the letterhead. Be
advised that NC General Statutes provide for penalties of up to $25,000 per day per violation as
well as criminal penalties for violations of state environmental laws and regulations.
Your immediate attention is greatly appreciated. If you have questions concerning this Notice,
please contact Melissa Rosebrock or me at [phone].
Sincerely,
Sherri V: Knight
Regional Supervisor
Aquifer Protection Section
cc: APS Animal Feeding Operations Unit
Mr. Wayne Buttke — OIC, Buttke Dairy Enterprises
Mr. Arlin Buttke-owner and pernuttee, Buttke Dairy Enterprises
Randolph County MRCS
WSRO Facility Files

Compl andl. Afsacbmplke,'
Item 4'If R4str!61�1-11)eliv'ary Is desired.., '�-
Rint youinirii6 and address on the reverse
so MW'ibtu� t66 card to yog.
iscaO.tb the back of the mailplece,
or f6ift"Jfspace permits.
Artlole';kddreiiO to:
Mr. Matthew C. Pearson, 11
,/o Helen and Matthew C. Pearson
3458 Foust Road
Staley, NC 2,7355
.,k'Signatum
A
J.' C3 Addressee
B. Received by ( Name) C. Dete- of Dllmry
D-Isdelivery address difierentfrom hem 1? ElYes
If YES, enter delivery addivss befowi C3 No,
3.Svce-7ypa
W Certified mail 13 -ecoress Mail
0 Registered 13 Return Receipt for Merchandise
13 Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra FeO C) yes
7008 1300 0001 1938 6885
Form 3811 " February 20D4 Domestic Return Receipt 102595-0 . 2-M-IRO

February 18, 2012
Dear Ms. Sherri V. Knight,
RECEWIM
N.0, Dept. of ENR
FEB 2 2 2Qi?
Win sf on-salpal
Rpro b t»; 01"FM
This is in response to the letter on January 21, 2012. It was an unfortunate accident with
regarding your question about how to prevent it from happening again.
We already have implemented a change in procedure. All drivers get in a truck and go to the
fields we plan to haul in. There is not any more going to this field and spread. We only spread if
the conditions are right for application. We also are taking a course for waste management with
Ms. Marty Day on February 20th and 21't'
We will all be educated in all aspects of mauling dairy waste for Koopman Dairies Inc.
Sincerely,
ew C Pearson, II

Photographs
Attachment D

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Fig. 9 Evidence of run-off below the earthen berm from the unpermitted discharge.
Fig. to Evidence of unpermitted discharge of animal waste into waters of the State.

Fig. ii Evidence of unpermitted discharge of animal waste into waters of the State.
Fig.12 Close-up of animal waste in UT to Caraway Creek. Photo was taken two days after initial
discharge.

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Sample Results
Attachment E

v
0
VROOTEST
Fir_L;1=2VLU
IJ.C. Dept. of ENR Pagel of 1
Laboratory Report
kVinston-Salem
Reglon5l Office
Lob locofion R' lob location 'C' lob locolian V
NC/WW Cert.#: 067 NCIDW Cert.#: 37731 NCNVW Cert.#: 103 NCIDW Cert.#: 37733 NClWW Cert.#: 075 NCIDW Cert.#: 37721
6701 Conference Dr, Raleigh, NC 27607 6300 Ramada Dr, Suite C2, Clemmons, NC27012 6624 Gordon Rd, Unit G, Wilmington, NC 28411
Ph: [phone] Fax: [phone] Ph: [phone] Fax: [phone] Ph: [phone] Fax: (91o) 343-9688
Project No.: Report Date: 1/12/2012
Project ID: BUTTKE #76.12; RANDOLPH COUNTY Date Received: 11912012.
-- Prepared for ---
MELISSA ROSEBROCK
DWQ Work Order #: 1201.00701
585 WAUGHTOWN ST. Cust. Code: 800993
WINSTON-SALEM, NC 27107 Cust. P.O.#:
No. Sample ID Date Sampled Time Sampled Matrix Sample Type Condition
001 UPSTREAM; BUTTKE 1/912012 14:10 SW Grab 4 +1- 2 deg C
Test Performed Method Results Lab Loc f�a�I�+zedTime Qualifier
Fecal ColiformslMF SM 9222D 15 CFU1100rnL C 119112 16:20
No. Sample ID Date Sampled Time Sampled Matrix Sample Type Condition
002 DOWNSTREAM; BUTTKE 119/2012 13:55 SW Grab 4 +l- 2 deg C
Test Performed Method Results i.ab Lac DazedTime Qualifier
Fecal ColiformslMF SM 9222D 1500 CFU1100mL C 119112 16:20
Reviewed by:
for Tritest, Inc.

r�rrraj
KESEARCk & ANA1.YTiCA[
UbORATORVS, INC.
6LCf„14f�p s ¢ Stn ZC
N.C. Dept, of r-NF3 � Q
a i a
Analytical/Process Consultations �
JA
Rig anai ale ��i;�REO iN ;'�►�
Buttke Dairy. Date Sample Collected 01/13/12
5796 Walker Mill Road Date Sample Received : 01/13/12
Randleman, NC 27350 Date Sample Analyzed 01/13/12
Attn: Wayne Buttke Date of Report 01/31/12
Analyses Performed by YJ -AR -KL -DW -AA -SA
Lab Sample Number
722385
Parameter Storet # Results
TSS (00530) 12,200 mg/l
BOD-5 (00310) 1,530 mg/l
NH-3-N (00610) 2,040 mg/l
TKN (00625) 2,750 mg/1
NO2+NO3 (00630) 58.6 mg/l
TOT N (00600) 2,810 mg/l
Phos,Tot (00665) 92.4 mg/l
Fec Coli-MF (31616) 1,700,000 MPN/100 ml
T'
Clients Sample Source -? --BIG GOONBIGSIDE
Number ------
Time Collected (Hrs) 1338
P.O. Box 473 9 106 Short Street o Kernersville, North Caroline 272B4 a 336-996-2841 � Fax [phone]
www.randaiabs,com

KESEARC� & AN4ytOW
U RAT®R'ES, M.
Analytical / Process Consultations
Phone [phone]
CH�`,l�J �i�F CUSS r n'Y ':F�r=:Ci��Cii
WATER ! 1MASTEWATFR RRICf �S
COMPANY �-
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CITY, STATE, ZIP
SAMPLER NAME (PLEASE PRINT)
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SAMPLE SIGNATURE
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DATE
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REMARKS:
n �1 � ti "^ '7 i• �
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RELfNQ SHED BY
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Maps
Attachment F

Kandolpti L:ottnty, NU - MnUiu►ar raid Arm}
Randolph County, NC - Printable Parcel Map
The data collection used to produce this media was last u dated on 01/12/2012 5:00:06 AM.
Parcel ID Nbr
7745250024
Owner Name
HOLLINGSWORTH,RICHARD D
Owner Address
P O BOX 116
Owner Clty/St/Zip
SOPHIA, NC 27350
Property Description
R1524;W R1525 BOTH
Area Location Map
Map Legend
Municipalities
Outlined
Parcel CoveraLelst
Q Addresses
Parcel Annotation
»' Lot Dimensions
Q Lot Numbers
Parcel Numbers
4-1
Parcel Lot Lines
+
0 Legal Lot Lines
Subdivisions
(Outlined)
® Tax Parcels
Water Coverages)
® Streams
Flood Zones (1001500
Year)
® Flood Way (AEFW)
® Base - 100 Year
(AE)
.
bi:50.1 4L
�j
Other- 500 Year
I (Shaded X)
Other Coverage(s)
gn 2007 Aerial Photos
DateITime Stamp
1/12/2012 10:51:50
AM EST
Version 5.1 (October 2011)
Server: 01
Afl information on this media is prepared for the inventory of real property found within Randolph County. All data, including maps, is
compiled from recorded deeds, plats, and other public records and data, Users of this data are hereby notified that the
aforementioned public primary information sources should be consulted for verification of the Information. All information contained
herein was created for the County 's internal use. Randolph County, its agents and employees make no warranty as to the
correctness or accuracy of the information set forth on this media whether express or implied, in fact or in taw, including without
limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strtcty prohibited in
accordance with North Carolina General Statute 132-10. Grid is based on North Carolina State Plane NAD83.
Close:Windo"w
1 of 1 1/12/2012 10:54 AM

11 1 1 107P'�T�0.90"IWI I I I I I I I 4 107P'52`� 0-90",Wj I I I I I I I I 1079*f2`PO-q0"jWj I I 1 1-1
mo
LO
Z&_XZ
41
Buftke/K,)opman
Upstream
Sample
4t
�-A
4
fA V
C3
C2-
%'� lv
Buttke/Koopman
Downstream Sample
'Ia
P-
UT to Caraway
Class C Waters
Creek
Q 750
-7
'Ir
7C
IJ
�
qr
If)
qCr
Ln
V,
Magnetic Declination i
1QN
N %
C�
V, 1_7 1-i-A
iD
zo
LO
fi
8.05* W
\Aid
171)
1 1 1 1 107b' hY P0.60-1w 11 I 1 I I I I 1 109- b2' 0.60"W 1I I l i l 107b b2' Obw W
Datum: NAD27 Copyright (C) 2009 MyTopo

Name of Stream
Description
Curr. Class
Date
Basin
Stream Index #
Sand Branch
From source to Laniers
C
04/06/55
Yadkin
13-2-10-2
Creek
Mill Creek
From source to
C
04/06/55
Yadkin
13-2-11
Uwharrie River
Walkers Creek
From source to
C
04/06/55
Yadkin
13-2-12
Uwharrie River
Lakes Creek
From source to
C
04/06/55
Yadkin
13-2-13
Uwharrie River
Narrows Branch
From source to
C
04/06/55
Yadkin
13-2-14
Uwharrie River
Crow Creek
From source to
C
09/01/74
Yadkin
13-2-15
Uwharrie River
Wallace Branch
From source to Crow
C
09/01/74
Yadkin
13-2-15-1
Creek
Big Creek
From source to Crow
C
09/01/74
Yadkin
13-2-15-2
Creek
Duncombe Creek
From source to
C
04/06/55
Yadkin
13-2-17
Uwharrie River
Barnes Creek
From source to a point
C;ORW
01/01/90
Yadkin
13-2-18-(0.5)
0.2 mile upstream of
Montgomery County SR
1303
Poison Fork
From source to Barnes
C;ORW
01/01/90
Yadkin
13-2-18-1
Creek
Jackson Creek
From source to
C
04/06/55
Yadkin
13-2-2
Uwharrie River
South Fork
From source to Jackson
C
04/06/55
Yadkin
13-2-2-1
Jackson Creek
Creek
Caraway Creek
From source to
Uwharrie River
C
08/03/92
Yadkin
13-2-3
Little Caraway
From source to Caraway
C
08/03/92
Yadkin
13-2-3-2
Creek
Creek
Back Creek
From source to a point
WS-II;HQW
06/03/92
Yadkin
13-2-3-3-(0.3)
1.0 mile downstream of
Randolph County SR 1504
Back Creek (Back
From a point 1.0 mile
WS-II;HQW,CA
00/03/92
Yadkin
13-2-3-3-(0.7)
Creek Lake, Lake
downstream of Randolph
Lucas)
County SR 1504 to dam
at Back Creek Lake
(City of Asheboro
water supply intake)
Back Creek
From dam at Sack Creek
C
00/03/92
Yadkin
13-2-3-3-(1.5)
Lake to Caraway Creek
Greener Branch
From source to a point
WS-II;HQW
08/03/92
Yadkin
13-2-3-3-1-(1)
0.5 mile upstream of
mouth
Greener Branch
From a point 0.5 mile
WS-II;HQW,CA
08/03/92
Yadkin
13-2-3-3-1-(2)
upstream of mouth to
Back Creek Lake, Back
Creek
Cedar Fork Creek
From source to Back
C
08/03/92
Yadkin
13-2-3-3-2
Creek
Page 2 of 7 2010-01-30 07:05:10

35' 413T
35' 49' 14"
Soil Map -Randolph County, North Carolina
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USDA Natural Resources Web Soil Survey
Conservation Service National Cooperative Soil Survey
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3/14/2012
Page 1 of 3

Soil Map —Randolph County, North Carolina
Poiip o'
IFIe-Q
(,O w
Map Unit Legend
Randolph County, North Carolina (NC161)
Map Unit Symbol ' .
Map Unit Name
Acres In AOI
Percent of AOI
BaB
Badin-Tamas complex, 2 to 8 percent slopes
0.4
0.7%
BaC
Badin-Tarrus complex, 8 to 15 percent slopes
1.8
3.0%
BtB2
Badin-Tarrus complex, 2 to 8 percent slopes,
moderately eroded
25.4
42.4%
McC2
Mecklenburg day loam, 8 to 15 percent slopes,
moderately eroded
0.1
0.1 %
VAC
Wynott-€non complex, 8 to 15 EErcent slopes
32.2
53.7%
Totals for Area of Interest
60.0
100.0%
uSOA Natural Resources Web Soil Survey 3I14I20i2
Conservation Service National Cooperative Soil Survey Page 3 of 3

Soil Map -Randolph County, North Carolina
MAP LEGEND MAP INFORMATION
Area of Interest (Aol)
tZ Very Stony Spot
Map Scale: 1:5,150 if printed on A size (8.5" x 11") sheet.
Area of Interest (AOI)
1' Wet Spot
The soil surveys that comprise your AOI were mapped at 1:24,000.
Sofia
0
Sall Map Units
, Other
Waming: Soil Map may not be valid at this scale.
Special
Paint Features
Special Line features
Enlargement of maps beyond the scale of mapping can cause
t-r
Blowout
Gully
misunderstanding of the detail of mapping and accuracy of soil line
Short Steep Slope
placement. The maps do not show the small areas of contrasting
®
Borrow Ph'
-
soils that could have been shown at a more detailed scale.
.. Other
X
Clay Spot
Political Features
Please rely on the bar scale on each map sheet for accurate map
Closed Depression
D Cities
measurements.
X.
Gravel Pit
Water Features
Source of Map: Natural Resources Conservation Service
Gravelly Spot
Streams and Canals
Web Soil Survey URI_: http: fwebsollsurvey.nres.usda.gov
Coordinate System: UTM Zone 17N NAD83
®
Landfill
Transportation
This product Is generated from the USDA-NRCS certified data as of
A�
lave Rot,
+++ Rails
the version date(s) fisted below.
46
Mash or swamp
^r IntersWe Highways
Soil Survey Area: Randolph County, North Carolina
V
Mine or Quarry
US Routes
Survey Area Data: Version 16, Jan 7, 2008
d
Miscellaneous Water
Major Roads
Date(s) aerial images were photographed: ef71201)6
ID
Perennial Water
nr Lord Roads
The orthophoto or other base map on which the soil lines were
complied and digitized probably differs from the background
V
Rock Outcrop
imagery displayed on these maps. As a result, some minor shifting
of map unit boundaries may be evident.
-1-
saline Spot
Sandy Spot
Severely Eroded Spat
p
Sinkhole
;r
Slide or Slip
0
Sodlc Spot
Spoil Area
Q
Stony Spot
11S_. DA Natural Resources Web Soil Survey 3114M12
'" Conservation Service National Cooperative Soil Survey Page 2 of 3

TRiTEST - Chain
of Custody
0 6701 Conference Drive, Raleigh, NC 27607
ph: [phone], fax: [phone]
NCWW Cert#67, NCDW Cert#37731
❑ 6624 Gordon Road, Unit G, Wilmington, NC 28411
ph: [phone], fax: [phone]
NCWW Cert#75, NCDW Cert#37721
14-nDD Ramada Dr., Suite C2, Clemmons, NC 27012
r `ph: [phone], fax: [phone]
NCWW Cert#103, NCDW Cert#37733
Report Results To: Bill To:
W
Company: i� Q
�
e)
J 6 N,9—, —
Address: E!„5X&] 6L -irtnr,��n
cuIp ..K
P-.4-1
Attn:
Phone: '336 --71 J — S 119
Fax:
Sampled by (signature):
r^'
Tritest W.O. #
Project Reference�, ^^�
Q,\ ICJ CO
Project Number:
Purchase Order #:
*tandard Report Delivery
❑ Rush Report Delivery (w/surcharge)
"Rush projects are subject to prior approval by
the laboratory I
Requested Due Date.
Sample. Description
Cam,�le«
GBo
Start Date
End Date.
Matrix,,
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Received by (signature)
Date
Time
Receipt Conditions (Lab U e Only)
❑ 4t2°C El Temp.
°C
Res. Chlorine:
❑ Absent ❑ Present ❑ n/a
Acid preserv. <2?
❑ Yes Q No ❑ n/a
Base preserv. >12?
❑ Yes 11 No 0 n/a

/�/� Water Quality
jMonitoring
�� Field Meter Calibration Sheet
Collector($): r - I. i
Study: ..
Meter Model: 4 VA : PIZC.A Met 6lm�
Meter 1 Sonde Serial No: Y1_ p 1 20 n 7 lV 1 017 Y 2-
Date
! mldd
Time
24hr hh:mm
Initials
Pre -Sam Iln Calibration
410101
! Z , 30ft.
Post -Sampling Check
/ Q )d
1.5 35'
(�X�
Miscellaneous (Does not apply to YSI or Accumet Meters)
Battery Level (V)
Stirrer Working?
Pre -Sampling Calibration
Y / N
Post-Sampillrng Check
Y 1 N
Battery Ranges -Surveyor: internal- 7.2-7.5V, external- 11-13V; Quanta: 4.o-4.5V
Dissolved Oxvoen (ma/L)
Barometer Calibration (mmHg)
•YS1 Pro Plus Meters Only
Initial
Reading
Calibrated
J
Initial %
Barometric
Pressure
D.O. Table
Initial Meter
Calibrated Meter
Calibrated %
Temp. °C
Saturation
(mmft
Altitude (ft.)
Value
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Saturation
Pre -Sampling Calibration
/
Past -Sampling Check
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107
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Reading Meter Reading
Lot #: � / 0 5 91
Conductivity Standard 3
Value: IV 0 0
Initial Meter Calibrated 4
Reading Meter Reeding
73 /E00
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Value: 51) o
Initial Maier ;`',.?`t1096 Rtt
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NOTE: Quanta reads in mSlcm; move decimal 3 places right for pSlcm.
i DryAlr CALIBRATIONS are conducted for 4a and MS5 Hydrolabs only,
Dry Air CHECKS (confirmation of zero in dry air) are conducted for YSI 85, YSI 6920. YSI Pro Pius & Quanta meters.
3 Conductivity standards are used to CHECK the YSI 85 molar and to CALIBRATE all Hydrolab meters and the YSI 6920 R YSI Pro Plus.
4 Does not apply to Dry Air CHECKS or Conductivity Standards CHECKS (leave blank),
nH IStt1 I Lnt#: / t) � / 6 9 Lot#: 6Q-3r719(!)
Buffer #1
#2
Confirmation
7.0 C
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Slope
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BufferTem :
BufferTem : ` -
Efficiency'
Initial Meter
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Initial Meter
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Reading
Reading
Reading
Reading
Pre -Sampling Calibration
r
7, D Z
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-7 D
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° Slope efficiency applies to Accumet meters only (does not apply to Hydrolab or YSI meters).
Comments:
Keep original on file for 5 years Ver, 04/1812010
i

Randolph County, NC - Parcel Information
Page 1 of 2
Randolph County, NC - Parcel Summary Information
The data collection used to produce this media was last updated on 01/09/2012 @ 5:00:04 AM.
Tax Information
Parcel ID Nbr
7745250024
City Dist(s) (%)
NIA
Owner Name
HOLLINGSWORTH,RICHARD D
Fire Dist(s) (%)
SOPHIA (100%)
Owner Address
P O BOX 116
School Dist(s) (%)
NIA
Owner
CitylStlZip
SOPHIA, NC 27350
Land Value
$736,940
Building Value
$147,590
Property
Description
R1524;W R1525 BOTH
Farm Deferred
Value
$635,120
Deed Book/Page
002072/01799
Total Real Value
$884,530*
Plat Book/Page
PB49 PG67
Tax Bill Information
Click for Taxes
Revenue Value
0
Tax Assessment
Information
Click for Assessment
Date Purchased
04/10/2008
Tax Parcel Size
162.00 ACRES
Building
Photo/Sketch
Information
Click for Photo/Sketch
e All Assessed Values shown (Land, Building, Farm Deferred, and/or Exempt) are as of January 1st
of the CURRENT YEAR.
• * Because every TAXPAYER or every PARCEL may not qualify, please be advised:
o The Assessed Value shown does NOT reflect any Farm Deferred Value or Other Exemption
Value and is only a summation of Land and Building Values.
o The Calculated Tax shown is based on the tax rates for Randolph County and any City, Fire,
and/or School Districts shown. Only the Land and Building Values are used for calculating the
Calculated Tax! —il
Top o� Close Parcel Information Window
Location Information
Structure
1976 BECKERDITE RD
*This parcel has multiple Zoning
Addresses
1972 HOLLINGSWORTH FARM DR
Zoning Dist(s)
Districts! Please contact Randolph
(Jurisdiction)
County Planning and Development to
City/Stop
SOPHIA, NC 27350
verify Zoning!
(Postal Dist)
Growth
Management
SECONDARY GROWTH AREA
Flood Zone
NONE (3710774400J)
(Map Nbr)
Area
Watershed
NONE
School
Attendance
NEW MARKET ELEMENTARY
RANDLEMAN MIDDLE
Watershed
Type
NONE
Area
RANDLEMAN HIGH
Township
13 - NEW MARKET
Voter Precinct
126 - NEW MARKET SOUTH
Census Tract
305.03
Subdivision
I NIA
Top of Page Close Parcel Information Window
Date/Time Stamp All information on this media is prepared for the inventory of real properly found within Randolph County. All data,
including maps, is compiled from recorded deeds, plats, and other public records and data. Users of this data are
hereby notified that the aforementioned public primary Information sources should be consulted for verification of the
http://www.co.randolph.ne.us/scriptslesrimap.dll?name=Randolph&Cmd=CreateDataWind... 1 /9/2012

Randolph County, NC - Parcel Information
Page 2 of 2
1 /912012 10:57:45
information. All Information contained herein was created for the County 's internal use. Randolph County, Its agents
AM EST
and employees make no warranty as to the correctness or accuracy of the information set forth on this media whether
Version 5.1 (October
express or implied, in fact or in law. Including without limitation the implied warranties of merchantability and fitness for a
2011)
particular use. Any resale of this data is strictly prohibited In accordance with North Carolina General Statute 132-10.
Server: 01
Grid is based on North Carolina State Plane NAD83.
Top _of_Page Close Parcel Information Window
http:l/www.co.randolph.nc.uslscriptslesrimap.dll?name=Randolph&Cmd=CreateDataWind... 1/9/2012

Rosebrock, Melissa
From: Boyd, Tom
Sent: Monday, January 09, 2012 10:24 AM
To: Mauney, Steve; Rosebrock, Melissa; Basinger, Corey; Graznak, Jenny
Cc: Edwards, Lisa
Subject: RE: FARM runoff complaint, Randolph County
Steve,
Thanks for the heads up. Back Creek is the primary source for Asheboro's Lake Lucas which is their main raw water
supply. Currently they have not seen any impact but are alerted.
Thanks,
Tom Boyd
Environmental Senior Specialist
NC DENR Winston-Salem Regional Office
Division of Water Resources, Public Water Supply Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice [phone]
FAX [phone]
Please note: My new e-mail address is [e-mail]
E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.
From: Mauney, Steve
Sent: Monday, January 09, 2012 8:54 AM
To: Rosebrock, Melissa; Basinger, Corey; Graznak, Jenny
Cc: Edwards, Lisa; Boyd, Tom; Gendy, Michael
Subject: RE: FARM runoff complaint, Randolph County
i just spoke to Jarred Byrd, Rand. Co. and he said that the land is owned by Mark Hollingsworth but Ard Koopman with
the dairy responded to the site and used a track -hoe to build a berm along the stream to prevent further runoff. Jarred
indicated that he thought this discharge would have gone to BACK Creek WS-II, HQW. The cattle owners in the
immediate area were contacted so they could move their cattle to other areas. Sarah advised Mr. Byrd that someone
would respond on Monday. Mr. Byrd asked that someone contact the complainant T.R. Hollingsworth today.
Steve Mauney
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
Main # [phone]
FAX: [phone]

E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Mauney, Steve
Sent: Monday, January 09, 2012 8:24 AM
To: Rosebrock, Melissa; Basinger, Corey; Graznak, Jenny
Subject: FARM runoff complaint, Randolph County
Sarah Morrison called this morning at $a to report a call that she got 1-7-12. She was contacted by T. R. Hollingsworth
(336-498-2347) indi mUiug.i 4624 Beeson Farm Road, Sophia had runoff of animal waste into the
stream. It was estimated that 500 gallons had runoff from the site and that 200-300 gallons had gotten into a stream.
Jarred Byrd (336-301-6580) Randolph County Emergency Mgt. responded to the site on Saturday. No immediate impacts
were reported but there was concern for the stream condition as horses and cattle use this stream for drinking. Name of
farm owner was not given.
Steve Mauney
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
Main # [phone]
FAX: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

Randolph County
DEPARTMENT OF
EMERGENCY SERVICES
152 N. Fayetteville St Ph: 336-318-6911
Asheboro, NC 27203 Fax: [phone]
Office of Emergency Management
January 9, 2012
Melissa Rosebrock
Division of Water Quality
RE: Beeson Farm Rd Incident
Randolph County Emergency Management was notified at 12:48PM on in12012 by the North
Carolina Emergency Operations Center of a citizen complaint concerning a liquid manure spill
near the residence of 4624 Beeson Farm Rd.
I called the complainant (Mr. T.R. Hollingsworth) to obtain the information related to the
incident and responded to the scene, arriving at 2:39PM. Upon my arrival Mr. Hollingsworth
took me to a nearby field where the incident occurred. There I met Mr. Mark Hollingsworth, the
land owner, and Mr. Ard Koopman, who was in the process of attempting to contain the spill
with his staff. Mr. Otto Buttke also was on scene (arrived later).
Mr. Koopman advised that the field was being sprayed with liquid manure when the truck
became stuck in some soft ground near a small creek. The liquid manure continued to pump onto
the ground "for several seconds" before the operator remembered to shut the equipment off. Mr.
Koopman estimated that between 400-500 gallons of the product was pumped on the ground. Mr.
Koopman also advised that they were waiting for a trackhoe to arrive so they could build a
containment berm.
Upon surveying the area, Mr. Koopmans story seemed consistent with what was noted. The
ground was soft, moist and saturated with liquid manure which had contaminated the nearby
stream. The water in the stream was a light brownish color in the immediate area of the spill. Mr.
T.R. Hollingsworth had advised that he had also noted the same appearance at least 3/ of a mile
downstream. Mr. Hollingsworth also advised that the adjacent land owners downstream had been
notified of the spill so that they may prevent livestock from using the stream as a watering
source.
I then made contact with Sara Morrison (DWQ on -call) and advised her of the situation and our
intentions of constructing a dirt berm to prevent any more contamination of the stream, to which

she agreed. Ms. Morrison advised that someone from DWQ would respond to follow up on
Monday (1/9/2012).
I remained on scene until the trackhoe arrived and constructed the dirt berm. All parties involved
were satisfied with the action taken until the incident could be followed up with this week by
DWQ.
Below is a map of the incident location. The red circle indicates the area of the spill.
If you need any further information, please do not hesitate to contact me.
Respectfully,
Captain Jared K. Byrd
Emergency Management Coordinator
Randolph County Emergency Services
(4)336-318-6913 or (C) 336-301-6580
[e-mail]?h.nc.us

December 7i2.011
Staff Member 2 (Patrick Mitchell): 3 hours of field time = $86.82
January 9, 2012
Staff Member 2 (Patrick Mitchell): 3.25 hours of field time and sampling/lab time = $94.05

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Randolph County, NC - Printable Parcel Map
http://www.co.rWolph.nc.us/scripts/esrimap.dl I?name=Randolph...
Randolph County, NC - Printable Parcel Map
The data collection used to produce this media was last ubdated on 01/1212012 @ 5:00:06 AM.
Parcel ID Nbr
7745250024
Owner Name
HOLLINGSWORTH,RICHARD D
Owner Address
P O BOX 116
Owner City/St/Zip
SOPHIA, NC 27350
Property Description
R1524;W R1525 BOTH
Area Location Man
DateITime Stamp
1/12/2012 10:51:50
AM EST
Version S.1 (October 2011)
Server: Ot
MunlicipgIfties
rq Outlined
Parcel Coverage(s)
0 Addresses
Parcel Annotation
, Lot Dimensions
Q Lot Numbers
M Parcel Numbers
Parcel Lot tines
0 Legal Lot Lines
®Subdivisions
(Outlined)
® Tax Parcels
Water Covers e s
Y) Streams
Flood Zones (100/500
Year)
® Flood Way (AEFW)
Base - 100 Year
(AE)
Other - 500 Year
(Shaded X)
Other Coverage(s)
i 2007 Aerial Photos
All information on this media is prepared for the inventory of real property found within Randolph County. All data, including maps, is
compiled from recorded deeds, plats, and other public records and data, users of this data are hereby notified that the
aforementioned public prfmary information sources should be consulted for verification of the information. All information contained
herein was created for the County 's internal use. Randolph County, its agents and employees make no warranty as to the
correctness or accuracy of the information set forth on this media whether express or implied, in fact or in law, including without
limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in
accordance with North Carolina General Statute 132-10. Grid is based on North Carolina State Plane NAD83.
Close Window
1 of 1 1/12/2012 10:54 AM

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A�JA
NCDENR
Nc�r+h r�rc�ina nP rtm�nt of Fnv�rcmmint and, Natural R.-mumps
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
February 24, 2012
Arlin Buttke
Buttke Dairy Enterprises
5796 Walker Mill Road
Randleman, NC 27317
Case No. 1-1C-2012-0002
Farm # 76-0012
Randolph County
Dear Arlin Buttke:
Dee Freeman
Secretary
This letter is to acknowledge receipt of your check No. 90423 in the amount of $3080.82
on February 23, 2012. This payment satisfies in full the civil assessment in the amount of
$3080.82 levied against Arlin Buttke and the case has been closed. If you have any questions,
please call me at [phone].
Sincerely,
Miressa D. Gamma
Animal Feeding Operations Unit
cc: Sherri Knight, Winston-Salem APS Regional Supervisor
File # DV-2012-0002
APS Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Satsbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet :aww,ncwalerRuali nrg ,.
O)1C
North Ca,7-olma
Naturally
An Equal Opportunity 1 Affirmative Action Employer

All- -A
RECEIVED
�rll► �a
N.C. NPt- of ENR
FFE9
NCDENR
14 202
North Carolina Department of Environment and Natural ResourCES Winston -Sala,
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Dee Freeman
Governor. Director
Secretary
February 10, 2012
CERTIFIED MAIL - #7006 2150 0003 5467 1605
RETURN RECEIPT REQUESTED
Arlin Buttke
Buttke Dairy Enterprises
5796 Walker Mill Road
Randleman, NC 27317
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 76-0012
Randolph County
Enforcement File No. PC-2012-0002
Dear Arlin Buttke:
This letter transmits notice of a civil penalty assessed against Arlin Buttke in the amount of $2000.00, and
$1080.82 in investigative costs, for a total of $3080,82. Attached is a copy of the assessment document
explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality.
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the attention of. -
Keith iLarick
Aquifer Protection Section
Division of Water Quality
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
1617 Mail Service Center, Raiegh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] l FAX: [phone] Customer Service: 1-877-623-6748
Internet www.ncwater uali .or One
NortllCai-oIina
An Equal OpportunilylAfiirrnative Action Employer.y �atui4ally

r Assessment of civil penalty
Arlin Buttke
Enforcement # PC-2012-0002
Page 2 of 3
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are
in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should
be remitted, and submit it to the Division of Water Quality at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the.remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of the Division of Water Quality will review your evidence and
inform you of their decision in the matter of your remission request. The response will provide
details regarding the case status, directions for payment, and provision for further appeal of the
penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions
(Committee). Please be advised that the Committee cannot consider information that was not part of
the original remission request considered by the Director. Therefore, it is very important that you
prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of
Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within
thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete
and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the
following address:
Keith Larick
Aquifer Protection Section
Division of Water Quality
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest'any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (30)

+� Assessment of civil penalty
Arlin Buttke
Enforcement # PC-2012-0002
Page 3 of 3
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an
attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS § 15013-23.2) is received in the Office of Administrative Hearings
within seven (7) business days following the faxed or electronic transmission. You should
contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the
Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service -Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment. if you have any questions, please contact Miressa D. Garoma at (919) 807-
6340.
Sincerely,
4-Z
Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Sherri Knight, Winston-Salem APS Regional Supervisor wl attachments
File # PC-2012-0002 w/ attachments
APS Central Files w/ attachments
Randolph County Health Department

STATE OF NORTH CAROLINA
COUNTY OF RANDOLPH
IN THE MATTER OF
ARLIN BUTTKE
FOR VIOLATIONS OF CATTLE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG200000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
FILE NO, PC-2012-0002
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality (DWQ), I, Theodore L. Bush, Jr., Chief of the
Aquifer Protection Section of the DWQ, make the following:
FINDINGS OF FACT:
A. Arlin Buttke owns and operates Buttke Dairy Enterprises, a permitted cattle operation in
Randolph County.
B. Arlin Buttke was issued Certificate of Coverage AWC760012 by the Division of Water Quality,
under General Permit AWG200000 for Buttke Dairy Enterprises on October 1, 2009, effective
upon issuance, with an expiration date of September 30, 2014.
C. Condition II.5 of the General Permit AWG200000 states in part that "In no case shall land
application rates result in excessive ponding or any runoff during any given application event".
D. Condition II.21 of the General Permit AWG200000 states in part that "Waste shall not be
applied on land that is flooded, saturated with water, frozen or snow covered at the time of land
application".
E. Condition II.22 of the General Permit AWG200000 states in part that "Land application of waste
is prohibited during precipitation events. The Permittee shall consider pending weather
conditions in making the decision to land apply waste and shall document the weather conditions
at the time of land application on forms supplied by or approved by the Division".
F. On December 7, 2011, DWQ staff from Winston-Salem Regional Office observed that a slurry
tank was applying animal waste in the rain on to a field of small grain (Tract 2200, field 4) of
Buttke Dairy Enterprises operation located on the South side of Walker Mill Road in Randolph
county. Weather information recorded on the SLUR-2 form also shows that it was raining during

the time of waste application. The precipitation record also shows that 0.4 inches of rain fell on
December 7, 2011, DWQ staff also observed animal waste run-off from the small grain.field.
G. On December 23, 2011, the Division issued a Notice of Violation/Notice of Intent to Enforce
(NOV/NOI) to Arlin Buttke identifying violations of N.C.G.S. 143-215.1 and General Permit
No. AWG200000. The violations include applying waste during rainfall event on a saturated soil
resulting in waste runoff.
H. The cost to the State of the enforcement procedures in this matter totaled $1080.82.
Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW:
A. Arlin Buttke, is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant to N.C.G.S.
143-212(4).
B. A permit for an animal waste management system is required by N.C.G.S. 143-21 S.I.
C. The above -cited failure to prevent excessive ponding and run-off violated Condition No. 1I. 5 of
the General Permit AWG200000.
D. The above -cited incident of applying animal waste on land saturated with water constitutes
violation of Condition 11.21. of the General Permit AWG200000.
E. The above -cited incident of applying animal during a rainfall event constitutes violation of
Condition II,22. of the General Permit AWG200000.
F. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be
assessed against a person who fails to apply for or to secure a permit required by N.C.G.S. 143-
215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by N.C.G.S. 143-215.1.
G. N.C.G.S. 143-215.6A(b) provides that if any failure to act as required by the rules is continuous,
a civil penalty of not more than $25,000.00 per violation may be assessed for each day the
violation continues.
H. N.C.G.S. 143-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8) provides that the reasonable costs of
any investigation, inspection or monitoring survey may be assessed against a person who
violates any regulations, standards, or limitations adopted by the Environmental Management
Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S. 143-
215. I, or special order or other document issued pursuant to N.C.G.S. 143-215.2.
The Chief of the Aquifer Protection Section. Division of Water Quality, pursuant to delegation
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, has the authority to assess civil penalties in this
matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
Ill. DECISION:
Accordingly, Arlin Buttke, is hereby assessed a civil penalty of
00
$0 a 0 - For violating Condition No. I1. 5. and 11.21. of the General Permit AWG200000
for applying animal waste on a land saturated with water, resulting in excessive
ponding and run-off.
o�
Q 0 D For violating Condition 1I.22 of the General Permit AWG200000 for applying
animal waste during a rainfall event.
nv
$_ a 0 oo TOTAL CIVIL PENALTY which is _�_ percent of the maximum penalty
authorized by N.C.G.S. 143-215.6A.
$ 1080.82 Enforcement costs
$(,� D • TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account
the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage; .
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring
after the assessment period indicated above. Each day of a continuing violation may be considered a separate
violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be
assessed for any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Arlin Buttke, in
accordance with N.C.G.SI 143-215.6(A)'a`
(Da e)
Aquifer Protection Section
Division of Water Quality

DIVISION OF WATER QUALITY
CIVIL PENALTY ASSESSMENT FACTORS
Violator:
Buttke Dai Enterprises
County:
Randolph
Case Number:
PC-2012-0012
Permit Number:
AWC760012
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
2) The duration and gravity of the violation;
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) The am o nt of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
/-/0 ,111 ; „ Az',---
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
/(/0 V s i., a00 7 � p200 S A '� 0QR
8) The cost to the State of the enforcement procedures.
$1080.82
� v2
Date
supervisor Name
rev 1.0 - 8.31.09

A�A
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
MEMORANDUM
DATE: April 11, 2012
TO: WSRO file AWC760012
FROM: Mr. Patrick Mitchell �/h
Division of Water Quality
Chuck Wakild, P.E.
Director
SUBJECT: December 7, 2011 Incident— Land Application Event in Rain
Buttke Dairy Enterprises -- Permit No. AWC760012
Dee Freeman
Secretary
On December 7, 2012 DWQ staff person Mr. Patrick Mitchell was in route between two previously scheduled
wastewater surface irrigation system facilities inspections in Randolph County when a manure spreader was
observed traveling on US Highway 311. The time was approximately 10:40 am and it was raining. Mr. Mitchell
followed the manure spreader to a field located on Marsh Mountain Road a short distance away. The tractor
operator began applying the manure in the rainfall. Photos were taken to document the application event.
Mr. Mitchell in an effort to discover the source of the manure then followed the tractor operator back to Buttke
Dairy Enterprises farm located on the south side of Walker Mill Road. Mr. Mitchell then attempted to contact
Ms. Melissa Rosebrock, who is the WSRO DWQ inspector assigned to inspect the Randolph County Animal
Feeding Operations, to ask if she had any correspondence with Buttke Dairy Enterprises about an application
event occurring in the rain. Mr. Mitchell left Ms. Rosebrock a voicemail message concerning the subject matter.
The tractor operator was observed hauling a -second load of manure from Buttke Dairy Enterprises then
subsequently land applying the second load onto the above mentioned field, again in the rainfall. Shortly
following this time (-11:45 am) Ms. Rosebrock returned Mr. Mitchell's phone call. The incident was discussed
with Ms. Rosebrock and she indicated that she would contact Buttke Dairy Enterprises to inform them of this
violation, to stop the application event, and to schedule a same day meeting at the site to further investigate. At
this time Mr. Mitchell left the site to continue travel to the separate previously scheduled wastewater surface
irrigation system inspection,
585 Waughtown Street, Winston-Salem, North Carolina 27107
Phone:[phone] FAX: [phone] One
Internet: www.ncwaterauality,oro NorthCarolina
An Equal Opportunity 1 Affirmative Action Employer Natural!✓

Rosebrock, Melissa
From: Larick, Keith
Sent: Tuesday, February 07, 2012 11:29 AM
To: Rosebrock, Melissa
Subject: RE: Buttke enforcement
Thanks. This will help when we explain the 2 assessments to Ted.
Keith
Please Note my new phone number EFFECTIVE JANUARY 9, 2012: (919)
807-6444
Keith Larick
Supervisor, Animal Feeding Operations Unit
[phone] phone
[phone] fax
www.ncwaterguality.org
From: Rosebrock, Melissa
Sent: Tuesday, February 07, 2012 11:18 AM
To: Larick, Keith
Cc: Knight, Sherri; Mitchell, Patrick
Subject: RE: Buttke enforcement
The enforcement you have now is only against Buttke since he is the permittee for #76-12 under which the
"application in the rain" and "run-off' occurred. As is typical, DWQ assesses the permittee for waste
application violations. Therefore, the NOV/N01 was only sent to Buttke. Had I KNOWN there would be yet
another non -compliant event (i,e. discharge) to occur within 30 days, I would have included Koopman in the
original NOV/NOI... and therefore the enforcement case.
Yes ---the next enforcement will include Koopman as soon he signs the green card to receive the NOV/NO1. We
are holding up issuance of his permit until he/someone signs the green card.
Let me know if you have additional questions or need clarification.
Melissa
Melissa Rosebrock
E-mail Address: melissaxosebrock ncdenr.Rov
NCDENR Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
[phone]; fax [phone]
www.ncwaterguality.org

E-mail correspondence to and from this address may be subject to the
North Carolina Public Records law and may be disclosed to third parties.
From: Larick, Keith
Sent: Tuesday, February 07, 2012 11:01 AM
To: Rosebrock, Melissa
Subject: Buttke enforcement
Melissa,
Looking at this case, I notice that it is only against Buttke (and not Koopman as well). Will the next case be against both?
Thanks,
Keith
----------------------------
Please Note my new phone number EFFECTIVE JANUARY 9, 2012: (919)
807-6444
----------------------------
Keith Larick
Supervisor, Animal Feeding Operations Unit
[phone] phone
[phone] fax
www.ncwaterguality.org
s
G
N

r^
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
January 26, 2012
MEMORANDUM:
To: Keith Larick
From: Sherri Knight
Melissa Rosebrock M�
Subject: Recommendation for Civil Penalty
Case # PC-2012-0002
Buttke Dairy Enterprises, AWC760012
Randolph County
Please find attached, documents supporting the Winston-Salem Regional Office request for a
civil penalty assessment against Arlin Buttke, owner of Buttke Dairy Enterprises, for failing to
apply waste on land that is NOT saturated with water and for failing to consider weather
conditions in making the decision to'] and apply animal waste.
On December 7, 2011 Division of Water Quality APS staff from the Winston-Salem Regional
Office observed a slurry tank applying animal waste in the rain onto a field of small grain,
located on Marsh Mountain Road in Randolph County. The slurry tank was confirmed to be from
,Buttke Dairy Enterprises. Facility records also confirm that waste was applied during a rainfall
event and that a total of 0.4 inches of precipitation fell on December 7, 2011.
The application event resulted in extensive run-off. Due to the quick response of APS staff, and
at our request, dairy farm personnel - constructed an earthen berm so that the waste was
successfully excluded from surface waters. Our investigation also confirmed that all waste
storage structures had at least three feet of volume prior to overtopping or discharging through a
spillway. Additionally, there were no immediate threats to the integrity of the structures. The
waste storage structures were, therefore, more than adequate at the time of application event in
question.
Our records document several years of non-compliance by Buttke Dairy Enterprises. Violations
range from over -application of PAN, inadequate freeboard, and run-off of waste in 2002 to
failing to properly land -apply waste in 2007. We request that you initiate appropriate action from
your office and forward the attached package to the Aquifer Protection Section Chief. The
following items are being transmitted for your review:
A) A completed "Findings and Decisions and Assessment of Civil Penalties."
B) A completed "Water Quality Enforcement Case Assessment Factors."
C) Most recent correspondence between violator and DWQ, including a copy of the
"NOV/NOI letter."
D) Photographs depicting the land application violation.
E) Conservation and Soil maps depicting the field that received waste during a
precipitation event.

Please contact Melissa Rosebrock in our office at [phone] for any additional
information you may need.
Attachments
cc: Winston-Salem Regional Office Facility Files

Findings and Decisions
and
Assessment of Civil Penalties
Attachment A

Ft N A L,...
STATE OF NORTH CAROLINA
COUNTY OF RANDOLPH
IN THE MATTER OF )
ARLIN BUTTKE )
}
FOR VIOLATIONS OF CATTLE WASTE }
MANAGEMENT SYSTEM }
GENERAL PERMIT AWG200000 }
PURSUANT TO NORTH CAROLINA }
GENERAL STATUE 143-215.1 }
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
FILE NO. PC-2012-0002
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality (DWQ), I, Theodore L. Bush, Jr., Chief of the
Aquifer Protection Section of the DWQ, make the following:
FINDINGS OF FACT:
A. Arlin Buttke owns and operates Buttke Dairy Enterprises, a permitted cattle operation in
Randolph County.
B. Arlin Buttke was issued Certificate of Coverage AWC760012 by the Division of Water Quality,
under General Permit AWG200000 for Buttke Dairy Enterprises on October 1, 2009, effective
upon issuance, with an expiration date of September 30, 2014,
C. Condition II.5 of the General Permit AWG200000 states in part that "In no case shall land
application rates result in excessive ponding or any runoff during any given application event".
D. Condition II.21 of the General Permit AWG200000 states in part that "Waste shall not be
applied on land that is flooded, saturated with water, frozen or snow covered at the time of land
application".
E. Condition II.22 of the General Permit AWG200000 states in part that "Land application of waste
is prohibited during precipitation events. The Permittee shall consider pending weather
conditions in making the decision to land apply waste and shall document the weather conditions
at the time of land application on forms supplied by or approved by the Division".
F. On December 7, 2011, DWQ staff from Winston-Salem Regional Office observed that a slurry
tank was applying animal waste in the rain on to a field of small grain (Tract 2200, field 4) of
Buttke Dairy Enterprises operation located on the South side of Walker Mill Road in Randolph
county. Weather information recorded on the SLUR-2 form also shows that it was raining during

the time of waste application. The precipitation record also shows that 0.4 inches of rain fell on
December 7, 2011. DWQ staff also observed animal waste run-off from the small grain field.
G. On December 23, 2011, the Division issued a Notice of Violation/Notice of Intent to Enforce
(NOVINOI) to Arlin Buttke identifying violations of N.C.G.S. 143-215.1 and General Permit
No. AWG200000. The violations include applying waste during rainfall event on a saturated soil
resulting in waste runoff.
H. The cost to the State of the enforcement procedures in this matter totaled $1080.82.
Based upon the above Findings of Fact, I make the following;
II. CONCLUSIONS OF LAW:
A, Arlin Buttke, is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant to N.C.G.S.
143-212(4).
B. A permit for an animal waste management system is required by N.C.G.S. 143-215.1,
C. The above -cited failure to prevent excessive ponding and run-off violated Condition No. II. 5 of
the General Permit AWG200000.
D. The above -cited incident of applying animal waste on land saturated with water constitutes
violation of Condition 1I.21. of the General Permit AWG200000.
E. The above -cited incident of applying animal during a rainfall event constitutes violation of
Condition I1.22. of the General Permit AWG200000.
F. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be
assessed against a person who fails to apply for or to secure a permit required by N.C.G.S. 143-
215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by N.C.G.S. 143-215.1.
G. N.C.G.S. 143-215.6A(b) provides that if any failure to act as required by the rules is continuous,
a civil penalty of not more than $25,000.00 per violation may be assessed for each day the
violation continues.
H. N.C.G.S. 143-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8) provides that the reasonable costs of
any investigation, inspection or monitoring survey may be assessed against a person who
violates any regulations, standards, or limitations adopted by the Environmental Management
Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S. 143-
215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2.
The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, has the authority to assess civil penalties in this
matter.

w
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Arlin Buttke, is hereby assessed a civil penalty of:
$ For violating Condition No. II. 5. of the General Permit AWG200000 for failure
to properly apply animal waste, resulting in excessive ponding and run-off.
$ For violating Condition No. H. 21., and II.22 of the General Permit
AWG200000 for applying animal waste on a land saturated with water and
during a rainfall event.
$ TOTAL CIVIL PENALTY which is percent of the maximum penalty
authorized by N.C.G.S. 143-215.6A.
$ 1080,82 Enforcement costs
$ TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account
the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring
after the assessment period indicated above. Each day of a continuing violation may be considered a separate
violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be
assessed for any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Arlin Buttke, in
accordance with N.C.G.S. 143-215.6(A)(d).
(Date) Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF RANDOLPH
File No. PC-2012-0002
IN THE MATTER OF )
ARLIN BUTTKE )
} FINDINGS AND DECISION
FOR NON -DISCHARGE GENERAL ) AND ASSESSMENT OF
PERMIT VIOLATIONS ) CIVIL PENALTIES
}
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, 1,
Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality
(DWQ), make the following:
1. FINDINGS OF FACT:
A. Arlin Buttke owns and operates Buttke Dairy Enterprises, a cattle operation in
Randolph County.
B. Arlin Buttke was issued Certificate of Coverage AWC760012 by the Division of
Water Quality, under General Permit AWG#200000 for Buttke Dairy Enterprises
on October 1, 2009, effective October 1, 2009, with an expiration date of
September 30, 2014.
C. Condition No. II.22. of General Permit AWG4200000 states in part that "Land
application is prohibited during precipitation events. The permittee shall consider
pending weather conditions in making the decision to land apply waste and shall
document the weather conditions at the time of land application on forms supplied
by or approved by the Division."
D. On December 7, 2011 DWQ-WSRO staff observed that a slurry tank was
applying waste, in the rain, onto a field of well vegetated small grain (Tract 2200
Field 4). The slurry tank was followed by DWQ staff as it left the field, and was
confirmed to be from the Buttke Dairy Enterprise operation located on the south
side of Walker Mill Road in Randolph County.
E. Condition No. II. 21. of General Permit AWG#200000 states that "Waste shall
not be applied on land that is flooded, saturated with water, frozen, or snow
covered at the time of land application."

F. DWQ staff observed and documented the run-off of animal waste from Tract
2200 Field4.
G. Weather information recorded on the SLUR-2 form for the above field states that
it was raining, "R", at the time of application. Precipitation records document that
0.4 inches of rain fell on December 7, 2011.
H. The costs to the State of the enforcement procedures in this matter totaled
$1,080.82
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Arlin Buttke is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant
to N.C.G.S. 143-212(4).
B. A permit for an animal waste management system is required by N.C.G.S. 143-
215.1.
C. The above -cited failure to apply waste on land that is not saturated with water
violated Condition No. I1.21. of the General Permit.
D. The above -cited incident of applying animal waste during a rain event is a
violation of Condition II.22. of the General Permit.
E. The failure to consider weather conditions in making the decision to land -apply
animal waste violates Condition No. II. 22. of the General Permit.
F. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than
$25,000.00 may be assessed against a person who fails to apply for or to secure a
permit required by N.C.G.S. 143-215.1, or who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit required by
N.C.G.S. 143-215.1.
G. N.C.G.S. 143-215.6A(b) provides that if any failure to act as required by the rules
is continuous, a civil penalty of not more than $25,000.00 per violation may be
assessed for each day the violation continues.
H. N.C.G.S. 143-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8) provides that the
reasonable costs of any investigation, inspection or monitoring survey may be
assessed against a person who violates any regulations, standards, or limitations
adopted by the Environmental Management Commission or violates any terms or
conditions of any permit issued pursuant to N.C.G.S. 143-215.1, or special order
or other document issued pursuant to N.C.G.S. 143-215.2:

I. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant
to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Arlin Buttke is hereby assessed a civil penalty of:
for violating Condition No. II. 21. of General Permit
AWG#200000 by failing to apply waste on land that is not
saturated with water.
for violating Condition No. 11. 22. of General Permit
AWG#200000 by failing consider weather conditions in
making the decision to land -apply animal waste.
$1080.82 Enforcement costs
$ TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to.private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may
be considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil
penalties and investigative cost may be assessed for any other rules and statutes for which
penalties have not yet been assessed.

V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Arlin
Buttke in accordance with N.C.G.S. 143-215.6(A)(d).
(Date) Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality

Assessment Factors
Attachment B

DIVISION OF WATER QUALITY
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Arlin Buttke —Buttke Dairy Enterprises
County: Randolph
Case Number: PC-2012-0002
Permit Number: AWC760012
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
The Regional Office is not aware of any documented harm.
2) The duration and gravity of the violation;
Records and onsite observations indicate that two loads of manure were land -applied during a
precipitation event. Each load held 5,250 gallons of cattle waste containing 3.2 lbs. of nitrogen per 1000
gal Ions. At the time of our on -site visit, waste had already run-off and flowed 330 feet downhill towards
an unnamed tributary to Caraway Creek (Class C waters). Qf particular concern is that the head slopes
(drainage features) and side slopes that had received animal waste, are mapped at 8 to 15% slope.
Had an APS staff member not just "happened to be in the area on an unrelated matter," it is the
WSRO conviction that waste would have continued to flow another 600 feet (approx.) to where
it would have discharged into surface waters.
3) The effect on ground or surface water quantity or quality or on air quality;
No effects confirmed.
4) The cost of rectifying the damage;
The facility had track -hoe equipment and an operator and was able to construct an earthen berm with
only the cost of the fuel.
5) , The amount of money saved by noncompliance;
None.
6) Whether the violation was committed willfully or intentionally;
The Winston-Salem regional Office considers this violation to have been committed willfully AND
intentionally. DWQ staff observed the slurry tank applying manure in the rain at 10:45 a.m. When we
arrived on site, the farm's rain gauge already contained 0.2 inches of rain. Local weather forecasts had
been predicting rain (with an 80-90% * chance) for the area several days prior to the application event in
question. The farm's onsite records document that it was partly cloddy the day prior and that the farm
received a total of 0.4 inches of rain on the date of application.
Additionally, all three waste storage structures had at least three feet of volume prior overtopping or
discharging through a spillway. Additionally, there were no immediate threats to the integrity of
rev 1.0 - 8.31.09

7)
8)
the structures. The waste storage capacity was, therefore, more than adequate at the time of the
permit violation.
The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
June 2007 NOV - Failure to properly land -apply animal waste.
April 2007 NOV - Failure to properly operate and maintain the collection system, treatment, and
storage facilities.
August 2005 NOV - Failure to abide by the CAWMP and contain animal waste leachate. No
discharge to surface waters.
March, 2002 NOV - Failure to maintain adequate freeboard. Failure to certify and include new
waste storage structure in CAWMP. Failure to install marker, and contain run-off. No discharge
to surface waters.
January 2002 NOV - Failure to abide by permit (un-certified WSP and over -application of
PAN).
Prior to 2000 -- WSRO Surface Water staff report violations for discharges prior to 2000 but
there is nothing in writing in our files because surface water staff removed and archived
everything prior to Fall 1999. We may be able to locate documents in Central Files or in previous
"Filemaker Pro" database if needed.
The cost to the State of the enforcement procedures.
Investigator #1 —three hours field time
$90.81
Investigator #2 — three hours field time
$86.82
Investigator # 1— 24 hours enforcement time
$726.48
Sherri Knight — 1 hour for supervisor enforcement review
$39.71
Mileage — 74 miles @ 0.50 cents/mile
$37.00
Administrative costs
$100.00
Total Cost
$1,080.82
Date
Supervisor Name
rev 1.0 - 8.31.09

Correspondence
Attachment C

WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
December 23, 2011
CERTIFIED MAIL # 7008 1300 0001 1938 0947
RETURN RECEIPT REQUESTED
Mr. Arlin Buttke
Buttke Dairy Enterprises
5796 Walker Mill Road
Randleman, NC 27317
SUBJECT: Notice of Violation/Notice of latent to Enforce
Permit Condition Violations --- NOV-2011-PC-0640
Certificate of Coverage #AWC760012, Facility #76-12
Randolph County
Dear Mr. Buttke:
Dee Freeman
Secretary
On the morning of December 7, 2011 Division of Water Quality staff from the Winston-Salem
Regional Office (DWQ-WSRO) were traveling on Marsh Mountain Road in Randolph County. Staff
presence in the area was the result of a scheduled inspection unrelated to your operation.
At approximately 10:45 a.m. a slurry tank was observed applying animal waste, in the rain, onto 17.7
acres of well -vegetated triticale (small grain) of Tract 2200 Field-4. The slurry tank was followed after
it left the field, and confirmed to be from your dairy operation located on the south side of Walker Mill
Road. During the course of our investigation, all three waste storage structures were found to have at
Ieast three feet of volume prior to the waste overtopping or discharging through a spillway.
The above application event violated several conditions of the Cattle Waste Management System
General Permit:
Section H. 1. Failure to properly operate the land application field.
5. Failure to beep the application rate from resulting in runoff.
21. Failure to apply waste on land that is not saturated with water.
22. Failure to consider weather conditions in malting the decision to land -apply
animal waste. Land application is prohibited during precipitation events.
Of particular concern is the additional failure of the Operator in Charge (OIC) to insure that the animal
waste was land applied in accordance with the permit (Section H. 17.). Records document that Mr.
Wayne Buttke, OIC, was not present during the waste application event in question and the subsequent
Winston-Salem Regional Office
585 Waughtown Street Winston-Salem, VC 27107
Phone: [phone] k FAX: [phone] Customer Service:1-877.623-6'r48
Internet: yvmmv.nC-0 r:guallh{ ot0
An Equal Opportunity !Affirmative action Employer

Arlin Buttke
December 23, 2011
Page 2
DWQ'site visit. However, he was available by phone and requested that Mr. Otto Buttke meet with
DWQ-WSRO staff on his behalf, during the onsite investigation. The WSRO appreciates the efforts of
Mr. Otto Buttke to prevent wastewater from leaving the field by quickly constructing earthen berms to
help contain the wastewater run-off. You will recall, a Notice of Violation. (NOV) was previously
issued to Buttke Dairy Enterprises in June 2007 for improper application of animal waste.
The following documentation should be submitted to our office for immediate review:..
1. Completed SLUR-1 and SLUR-2 forms for all fields listed in your Waste Utilization Plan
(WUP) that received waste on December 6 and 7, 2011.
2. Waste -level (freeboard) records for December 2011 all three waste storage structures under
Certificate of Coverage AWC760012.
3. A copy of all waste analyses obtained within 60-days of December 6, 2011.
4. On -farm precipitation records for December 6-7, 2011.
This office is considering recommending an assessment of civil penalties against Buttke Dairy
Enterprises for the above referenced violations. if you have justification that these violations were
caused by circumstances beyond your control, or have an explanation that you wish to present, please
respond in writing within thirty (30) days following receipt of this Notice. Your response should be
sent to my attention at the address shown on the letterhead. The WSRO will review your response for
possible consideration. Be advised that NC General Statutes provide for penalties of up to $25,000 per
day per violation as well as criminal penalties for violations of state environmental laws and
regulations.
Your immediate attention is greatly appreciated. if you have questions concerning this Notice, please
contact Melissa Rosebmck or me at [phone].
Sincerely,
Sherri V. Knight
Regional Supervisor
Aquifer Protection Section
cc: APS Animal Feeding Operations Unit
Randolph County. NRCS
�WSRO_k'ac:iliiV Vilest'
Winston-Salem Regional Office
583 Waugfrtown street Wins'1bn;Salem. NO 271
Phow 336-771-5000 1 FAX: 3M, 71-46311 customer Service: 147-623-6+ 48
Into 1$iw'Ld'gi.n N1amlitV.om
An Equal Opportunity lAffrmafive action Employer

Jan 19 12 Ul::Aa p•1
FAX COVER SHEET
FROM:
Buttke Dairy Enterprises
5796 Walker MITI Road
Randleman, NC 27317
Phone:
336-495-1393 (Farm) 336-687-8440 (Wayne)
Fax:
336-495-1394 (Farm) 336-4984975 (Wayne)
TO: FROM:
Environmental & Natural Resourses . Wayne Buttke
ATTN: DATE:
Melissa Rose Brock 1/14/2012
Fax:
336-771-4632
Total Pages Including Cover Sheet: 11
Informed 1/18/2012 Fax of 1/14/2012 had not been received. Resubmitted
1 /19/2012. Please call when received.
Thanks
Wayne Buttke

11
N(:l)A&CS Agr000nde MUM Phone: [phone] Web site: WWW-Hcagr-gpv/agro4OMV-
_-
_ Report: W03946
Groner.
Iluttke Dairy Enterprise-Wayne/Arl Copieslo:
Z •
5796 wa ker Mill Rd.
Randlcman, Ni, 27317
WasteAnalysisReport
Farm: 76-12
Received: 12/16/2011
Completed: 1212112011 Links to Heinfui lnformation
Randolph Cottuty
Sample Information -
Laboratory Resudls (Parts "per mlll�nn us kss othe.r ise noted)
Sumpleln
NJ
P X Ca
mg
S
Pe Nu
Cu 11 A10
C! C
CONC
roll 649
87.4 070 303
104
46.0
6.57 2.14 7.50
0.76 0.74
-
Waste Cade:
-NH4
LSD)
-NO3
Na Ni Cd
Pb
Al
Se f.! pH
SS dAr DAfx
X11% v.e(K )
335
7.4 .
Deseriplion:
ORW
Wiry Lig, Slurry
Urns
cco mendallons'
Nutrients Available for. Pirst Crop
W110011 allots
Other Elements
lbs11000 kwows
Apphration MeffxkY
IVP205 X20 . ' Cd A1g S. Fe
A17;
do Ca
B Mo Cl
Na Ni 01 A
A/ 4e It
Bro�tu1
23 1.2 "0 . 1.B Of 0,27 0.04
0.01
0.02 0.01
" T
2.8
Completed, 124112011
. Sampdc 1nluxwa 1On
: Labaritory-*i its. (puts per md3iton ui lcss a.WcrW1c n©ted}
Sample ID:
N
P z Ca
Akg
S
Fe Afn in
at B Afo
Cl C
$L
TOW. 3t2
59.9 585 226
87-6
27.0
7.45 1.12 iAz
a52. 0.59.
IN-N
Waste Code:
-Ni14
Na Xf Cd
Pb
Al
se Li P11
SS rN D3N
CCEX Abl i
L31)
-NO3
204
7.04
l3ascrtpfia
OR-N
DahT Li . Slurg.
urea
ltecommrndations:
iVntrients Arsihilrle for First Crop:
l8s/Y0t>Q gallons
_
Other Elemcnts
lbsIl006 aJlons-- ""
A&AwlimrMethod
N . .: "P20s. Xa0 G: 6 S Fe
Alin : ;
741 Cn
e . Ma Cl
Na . Ni. Cd P6
At Se. 11
Bmadusl
'[.I 0.P 4.7 13 Q.51 0-16 0.04'
0.01
0.01 T

a?
a
Web situ: �v xtc 4;r-�pv/a�r�fiof�:tj
-
-
- --
Gro u: Lutilke i a�S ' islltCt'¢rir cl?c ori: '(13?i'3 C, ~ �-
Plum:
. te. =}iC�cir� ;�_,__
_`i,=Sllr--...4(ar': •.v r': ]nP4 .?wi T.l;lli.��,.�. )SPt;C:1f1t.-in1C;. T..tIrl!)
_
FarapleID.
AfN
s
Fa
Ain
M
Cu
S
1fp
L1 C
BS_BL
lbtal 904 103 827 375
143
558
13.8
2.31 -
2.96
1.09
0.73
Waste Cale:
NH4
LSD
-NO3 Nu Ni cd
Pb
Al
Se
Ll
P11
SS
C'M
DM%
CC6% ALE(K
Deacrfpif m,
OR-N 318
7.29
oai Ll -Uwu ---
Urea
€iecosrurs atioas:
Nutrients Available for First Crop
lbsIlow frallons
Other Elements
lhsll0pfl allons
Applfrntioit MOW
i S k2O5 X20 Ca A s Fs
Mn
zit
Gil
!f
Mu
Cl
Na
Ni
Cd Pb
At Sc U
1lroadcasE
: -. 3 2' 1.4 616 12 0,84 033 0.08
0.01
0.02
0.01
t
2.7 .
Sample LnfeimstIatl
I*iatory Results (Oasts per mlfliri]M unless otherdvtse aoted)
&ample Lo.
N
P X ra
M
S
Fe
Mat
7.tt
Cu
D
M4
fd G
pMgg
Total 11260
3802 3696 14741
3076
1504
1050
113
M
37,R
16.8
GY-N
Waste Code:
411.1
SSa
-NO3
Nn M Cd
Pb .
Al
Se
Li
PH
SS
C.N
DAf%
CLEF& ALE(tons)
Description:
O.R--N
_
1463
6?.79
DrAlry Surma Serdped
UAW
Reeonlnlen tions:
Nutrients Available far Mt Crop
lbslton Evet basis
Other Elements
llasltan met basis
ANh'lrrlion Melbad
N P2a X20: fit Mg S. Fe
Alit
zn'
Ctt
S.
Afo
Cl
IVa
Nl
Cd Pb
Al Se Ll
Br ?Awt
5.8 - ":•6.6 4.5 11.1 2.3 1"1 0.79
O-W
0.11
0.03
0.01
1.8.
:5amp a Lniormatlau
Laboratory Results.(par ' per'"Iion:voicss athehvisc noted).,
Sample ID_ :
N
P R Ca
#9
u
S
Pe
Mot
7.1)
Cu
B
Ma
(2 C
IZt1LS
Tblal 9192
2103 7296 5429
186
INN
354
144
1,53
18.8
18.7
Waste Code:
-NH4
SSD
-NO3
Na Ni Cd
Pb
Al
Se
M
pH
sS
G'iy
All%
CON ALE(ttons)
1652
50.79
Description:
OR N
DWry Surface ScrApedUren
Nutrients Available for First Crop
lbsllon ryes basis
Other Elements -
tbs/ton wet basis
"
Appliculimt Afelbod
N - P743 - 120(.a Mg s ro
NO
zii
Cti
B
Mo
Cl
Na
Ni-
Cd Pb
. " Al M
Broidust-
3.8. 2,Q . 7.1• 3.3 1.1 : ' `-0.74 0.22 L
0.09
0.M
o.01 Q.01
1.7.

CO
y
r
c
DMCB
waste Carle:
SSE)
Dosrription:
1Ppliut1ivn hle1hvd
11raidCast
Tvlal — — 271u1_�
IN -IV
-Ml4
-Iw03
°i07
10iJ1
79w
3..'lii
22i2
2'1Y
OR V 4124
--
Nutrients Available ror First Crop lbs/lon (fret basis)
N P:03 K-10 Ca htg S . Pa Ain W z11 Cu B No Ct
4.7 6.0 V 4,3 1.7 1.2 0.13 0.11 0.10 0.03 0101
Norte Carol i E1a
L -a
` ; 4i
tobacco crust }untY Ct1131 :i%,k1 t
LIA 14e l.Y.'c`%
43.7s --
,ya Ai Cd iL it Se Lf
3.6
Reprogramming of the laboratory -information -management system that makes this report possible is being funded
through a grant from the North Carolina Tobacco Trust Fund Commission.
Tirankyou fat• usirip q rr,rromic .cervices fiv manage nttlriettts and safeguard environmental quality,
- Steve Trawler, Cbnttnisiioner of Agriviltare

FORM SLUR-2
Sluny %i[lr) .SllrriCIC,i\pplk-: iliUn Field R4{ voids
One =on•n [or
Fad) Field pee Gr(�p C�do
d
Fiei(I size(Wetwd Acres)=(A)
racilili MUMbef
Earfn QW114f
DIII&I IE RPaI_!S.F �_
Spreader Operator
Owner's Address
611ti WRI-K!_R 1YI%I,L 1A,
andArldre,;s
i©`1t3 �>.qt-.![Ki~ Lr,)
owners phurre II
33�- - 1 ?i .
operacvr'sPtionc tf
G ��
From Animal
Wasie ltllanagement
Plan
_ ply
Crap Tyre �'!3 "'�'"� ,�it C
Recarnmerrded PP3d
Loading (iblacre) = (B)
(1)
(2) (3)
(4)
(5)
_ (6)
w (7)
_ (8)
Number Volume of -
Total Voluire
_
Volume perAcrc WastoAnalysls�
PAN1 Appged
NiUWen Balance"-
Wealh
""Nutrient
Hare
of Loads each Load'
(galons)
(gallonslacre)
PAN"
tiblacre)
(Iblarse)
tofu.
;aourco
(ntmjdrllyr)
per Feld (gallons)
(2) x (a)
(4) I (A)
{Ih110ou gal)
(6) x (5)1 1OW
(D) - (7)
- t
o
6 b ci
i_E
S�.��=._
99.
S'—
i''Z
�c1
65
S
CGS
-l-i1
,c
ILI!
_
L�(�
�000v
�5
I' (
9
S
rr!S
2-
Aoo 6
rop Gycle "fotai
r
Owners 5iynature Spreader Opere€ors Signature I R •
Gerlified Operator (print) S j jam_ Operator Gert'sfication Nu.
Can be found in aperalor's manual fort(the spre:tdL:r. Conoco a !ocaldealtf ill you -do nok have your ov.ner's manual-
" Sae your w;mte manaclemeni plan for sampling frequency. At a minimum• nraslc analysis is tnquiied veithin 6U days of land appl(Cation euenLS.
" (.i iter the value receiver( try sr,alracting c6umn (7) frnm (D) Cnrrtinue suptrnctiny r_glrrntn (71 from Column (6) follcw�ing each anl74irton e+erlt-
"-FotPr nrrtricnl scnlrca (ie t-agoottrStoragn Pond t0, commrncal fertilizer. city litter- elr.) 311.111003

FORm SLUR-2 Slurry and SILldge Appluatiorl Field Rccords
Oue Pant for Lach Held per Crop G*/Cle
Tract _u-- Field it
Field Size(Wetfed Acres) -(A) � Facility Number
Farm Owner u? ��ALF�T1�- Spreader Operator
Owner's Address STI Lr W q LY i-R rn % LL`LZ&. and Aakh'eSS
wndlr> mrj.n , t4C
Owner's Phone it 33 �-- 11111 -1 �� Operator's Shane U
It 1� Ila Mel g0ou� l--AV-E Lt.l
3,SU-yq�--3?L15 - —....
From Animal Waste Management Ptan
Crap "Type Rawmmended PAID
Loading (Iliiacre) � (a)
01 t2) 131 (4) 151 r8l 171 rat
—Nutrient
Source
Data
(mnvdd/ 7)
Number
of Loads
per Field
Volume of
eadr Load'
(gallons)
Tolel Volume I
(gallons)
(2) x (3) .
Volume per Acre
(gallonslacre)
(4) y (A)
Waste Analysts
PAN"
(Ib71000 gal)
PAN Applied
flblacre)
(6) x (5)1 1000
-
Nitrac0nn Balance"
(Vac(c)
Weather
Info.
aS
f
�►� ��
��o �
T� 71�
-
41.6
�B
1 - - 11
i
JIL
77_C'
Ym 1
1a2
Z S..0
. rlZ
� M
rap Cyc1a 7otai
r
Chfnet, Signature __- _ spreader Operator's Signature _ '� , `��• -
Certified Operator (print) -Uh j it e Operator Certifu;afion No.
Can he faun(! in operator's mauuai lrrr Me s)rra:uler. +,unl,-tct a Scczl rtealgr tt yuLr-do ncit have your owner's manual.
See your waste mana(lement plan Inr salttpliiq) (requen(y- 7U a minitrtum, waste an ri}srs i ; rFclatircri within E30 lays u( land altptica lien events.
"'Cater the value received uy srtulrarirnrg mluo,n (7) born (0) ('unlioue:.uhrrar.tirit3 rnluntn (71 from Ctstumn (9) (oilowtng Lath .3p111ic:3601) even(.
...Ettter nu!►ient source (re LafjounlSL(rrar(n Pend ip• corumer,ral ILrtifaer, orr ruler. r.tr.)
H

Jan 19 12 07:36a
P 9
;I
f !�
�♦%1
!
i
ur>
'7 r-
:
,
ff
C'
< r
n
,
4 -
/
-w
iy
�, •, �•., ;� r �-
,� -e
_...u�_::.., - •._.��f.,.._....,__..
__Z....._.......-_.,...............,.._.'._..._...
.:_�.ii-.a,l. r---•'---..�.........._..._._----�«.—.
---_-._1_-.1 ,_-._...�
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----....__......._l.-..........._'..
Lf
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i
f
S

Jan I'd 1ZU/�lw
pJ
ou
,
'
|
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-
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-

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f)
-
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pT
i�
9-d E9£IO Z6 64' ue`

Photographs
Attachment D

Animal waste from Buttke Dairy Enterprises #76-12 being applied during,a precipitation event. Waste is
specifically from the operation on the south side of Walker Mill Rd. Teased to Ard Koopman).

• eyY h �;•rF� flYq� Y
�,. 3,�5 7'i r r �4,�.,,, �. � i' .•} t � �y�y ,a��gy � y{-i¢t"
':•� e'• t .Y .� /� kp �. q`l-4I1F{ �� `�3 N � } F.�#'
t 5 1 1 J
,��'yT f,'�'�\p � ' .yy�"7-• •' r.�. �4j 'tom .�»�r' .�A r � , .
:!4�j'1on���:•,.: �iE.� ''YZ'+i�+k����'ti,:�[\��_.. 11, v ;l' "c+;��,u
r •rl+ r �.. ! �
- r. ,
i tiY'7M 1#'+r
ji
LJ
* �y�*Fy,��r'�iiA}j�t'"1 "�'F;�`d`7f L�r �� �7.`�•f�� � � wC t`^]`� � �'��1'r 4��jt �s-1�ty
."Y�{{jj��'' �• _\ram' +y+. � �� — �`i¢� i � f// �` /r�� "r1 .
; _2MIMI,
�,t<<•�
Jk• QQ, � �
ryl������ ��
.• 4�.
'pry/� i 4h•,'�S
!
4.•��������I�i .

Maps
Attachment E

�t4y
1f s�
r �
1 : 1 y y v�.lalr
r r Y y
t r
t
i'�F " } : � � '�' }�I`�, �� �1d• z `yyr�r v +': It-tril
am-'

Soil Map --Randolph County, North Carolina
35' 48' 42"
35' 49 6"
7 i:• i '."gam ,}J '. y ,n� i, _ fia .�
�.! • �!
rr
N
a'.. � tr'} a " i
1, '•FW
!r
_
;......... �I+Y
F.
a
•s:sJlfElfL�YL °� ..'�'=1:5�i, t'
c
sxaF�44`
Q
A 'RW 7C
N
R3 � f'! ��1 T_. •F J"�`.•��: hF nM ... `�. ��i�:U
e VAP $tele: 1,5,260 C printed on A size (8.5' x 11") sheet.
,e N Meters
8 so 100 200 360
Fse,
0 200 400 600 1,200
USDA Natural Resources Web Soil Survey
i� Conservation SeNoe National Cooperative Soil Survey
tr
5
M1
1125/2012
Page 1 of 3
35' 46' 6"

Soil Map -Randolph County, North Carolina
MAP LEGEND
MAP INFORMATION -
Anna of Interest (A01)
Very Stony Spot
Map Scale: 1:5,260 if printed on A size (8.5" x 11") sheet.
Q
Area of Interest (AOI)
yet Spot
The sail surveys that comprise your A01 were mapped at 1:24,000.
3olls
F-1
Soil Map Units
A. Other
Warning: Soil Map may not be valid at this scale.
Special
PointFeatures
Special Una Features
Enlargement of maps beyond the scale of mapping can cause
Blowout
W Gay
misunderstanding of the detail of mapping and accuracy of soil line
�•j
. Short Steep Slope
placement. The maps do not show the small areas of contrasting
®
Borrow Pit
sails that could have been shown at a more detailed scale.
r. � Outer
X
Clay Spot
PotiBca! Features
Please rely on the bar scale on each trap sheet for accurate map
•
Closed Depression
Q Cl9es
measurements.
X
Gravel Pit
Water Features
Source of Map: Natural Resources Conservation Service
Gravelly Spot
Streams end Gerais
Web Soil Survey URL: http:/Avebsoilsurvey.nres.usda.gov
Coordinate System: • UTM Zone 17N NAD83
Landfill
Transportation
This product is generated from the USDA-•NRCS certified data as of
Lava Flow
++i Rails
the version date(s) listed below.
4,
Marsh or swamp
Interstate Highways
Soil Survey Area: ' Randolph County, North Carolina
V
Mine or Quarry
N US Routes
Survey Area Data: Version 16, Jan 7, 200B
p
Miscellaneous Water
Major Roads
Date(s) aerial images were photographed: 60/2006
p
Perennial Water
Loral Roads
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
v
Rock outcrop
imagery displayed on these maps. As a result, some minor shttting
+
saline Spot
of map unit boundaries may be evident.
Sandy Spot
Severely Eroded Spot
0
Sinkhole
;i
Slide or Slip
0
Sodic Spot
Spoit Area
Q
Stony Spot
IK- DA Natural Resources Web Sail Survey 1/25/2012
Um Conservation Service National Cooperative Soil Survey Page 2 of 3

Soil Map -Randolph County, North Carolina
Map Unit Legend
'Ren'dolph County, North Carolina (NC161)
Map Untt Symbol
Map Unit Neme'
Acres In'AO1
Percent of AO1 .;
BeC
Badin-Tarrus complex, 8 to 15 percent slopes
1.1
1.3%
GeB2
Georgeville silty day loam, 2 to 8 percent slopes,
moderately eroded
45.3
52.3%
GeC2
Georgeville silty day loam, 8 to 15 percent slopes,
moderately eroded
40.3
46.5%
Totals for Area of Interest
86.6
100.05E
Natural Resources Web Soil Survey 1125=2
Conservation Service National Cooperative Soil Survey Page 3 of 3

it
IWA
W
NCDR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
December 23, 2011
CERTIF'iED MALL. # 7008 130_0 0001 1938 6847
RETURN RECELPT REQUESTED
Mr. Arlin Buttke
Bunke Dairy Enterprises
5796 Walker Mill Road
Randleman, NC 27317
SUBJECT: Notice of Violation/Notice-of Intent to Enforce
Permit Condition Violations--NOV-2011-PC-0640
Certificate of Coverage #AWC760012, Facility 476-12
Randolph County
Dear Mr. Buttke:
Dee Freeman
Secretary
On the morning of December 7, 2011 Division of Water Quality staff from the Winston-Salem
Regional Office (DWQ-WSRO) were traveling on Marsh Mountain Road in Randolph County. Staff
presence in the area was the result of a scheduled inspection unrelated to your operation.
At approximately 10:45 a.m. a slurry tank was observed applying animal waste, in the rain, onto 17.7
acres of well -vegetated triticale (small grain) of Tract 2200 Field-4. The slurry tank was followed after
it left the field, and confirmed to be from your dairy operation located on the south side of Walker Mill
Road. During the course of our investigation, all three waste storage structures were found to have at
least three feet of volume prior to the waste overtopping or discharging through a spillway.
The above application event violated several conditions of the Cattle Waste Management System
General Permit:
Section II. 1. Failure to properly operate the land application field.
5. Failure to keep the application rate from resulting in runoff.
21. Failure to apply waste on land that is not saturated with water.
22. Failure to consider weather conditions in making the decision to land -apply
animal waste. Land application is prohibited during precipitation events.
Of particular concern is the additional failure of the Operator in Charge (OIC) to insure that the animal
waste was land applied in accordance with the permit (Section 11. 17.). Records document that Mr.
Wayne Buttke, OIC, was not present during the waste application event in question and the subsequent
Winston-Salem Regional Office
585 Waughtown Street Winston-Salem, NC 27107
Phone: [phone]DDD 1 FAX: [phone] Customer 5ervice:1-877-623.5748
intemet w ww.ncV1Muality.oag
An Equal Opportunity lAffirmative action Employer

'i
Arlin Buttke
December 23, 2011
Page 2
DWQ site visit. However, he was available by phone and requested that Mr. Otto Buttke meet with
DWQ-WSRO staff on his behalf, during the onsite uivestigation. The WSRO appreciates the efforts of
Mr. Otto Buttke to prevent wastewater from leaving the field by quickly constructing earthen berms to
help contain the wastewater run-off. You will recall, a Notice of Violation (NOV) was previously
issued to Buttke Dairy Enterprises in June 2007 for improper application of animal waste.
The following documentation should be submitted to our office for immediate review:,
1. Completed SLUR-1 and SLUR-2 forms for all fields listed in your Waste Utilization Plan
(WUP) that received waste on December 6 and 7, 2011.
2. Waste -level (freeboard) records for December 2011 all three waste storage structures under
Certificate of Coverage AWC760012.
3. A copy of all waste analyses obtained within 60-days of December 6, 2011.
4. On -farm precipitation records for December 6-7, 2011.
This office is considering recommending an assessment of civil penalties against Buttke Dairy
Enterprises for the above referenced violations. If you have justification that these violations were
caused by circumstances beyond your control, or have an explanation that you wish to present, please
respond in writing within thirty (30) days following receipt of this Notice. Your response should be
sent to my attention at the address shown on the letterhead. The WSRO will review your response for
possible consideration. Be advised that NC General Statutes provide for penalties of up to $25,000 per
day per violation as well as criminal penalties for violations of state environmental laws and
regulations.
Your immediate attention is greatly appreciated. If you have questions concerning this Notice, please
contact Melissa Rosebrock or me at [phone].
Sincerely,
bf-�
Sherri V. Knight
Regional Supervisor
Aquifer Protection Section
cc: APS Animal Feeding Operations Unit
Randolph County NRCS
>WSRO Facility.File-0
Winston-Salem Regional Otte
555 Waught wn Sheet Ps mston-Salem. NO 27107
Phone: [phone] FAkX 336-771-4631 i Custmer Serviw 1-877-623 6748
intemet wx.ngLy"uatitv.om
An Equal Oppodunity 1Aifimiative action Employer

Animal waste from Buttke Dairy Enterprises #76-12 being applied during a precipitation event. Waste is
specifically from the operation on the south side of Walker Mill Rd. (leased to Ard Koopman).

�
w
nAf
I
<..'
�.
x.Nk
m

Operator: Buttke Dairy
Owner: Elmer Beeson
Conservation Plan Map
Mafia Use: Nutrient ManaSenaent
Randbiph, NC - SWGD I inch
F 64 -T c s -2200 250 � f�d a NRCS
oMja: r�t4rzoo7 Feet

Soif Map--Randoiph County, North Carolina
36° 49 42'
35.4s r
Map Scale: 1$,280 d pinted on AEke (8.6" x 11") shast
N Meters
0 60 100 200 300 r
Feet
p 200 400 B00 1,200
USDA Natural Reaau m Web Soil Survey 1/25/2012
am Cwmmvaum Senrioe National Cooperative Soil Survey Page 1 of 3
36' Or 42'
K? zr"

Soil Map -Randolph County, North Carolina
MAP LEGEND
MAP INFORMATION
Area of Interest JA04)
Very Stony Spot
Map Scale: 1:5,260 If printed on A size (8.5' x 111 sheet.
Area of Intermit (AOI)
1r Wet Spot
The soil surveys that comprise your A01 were mapped at 1:24,000.
Sells
Soil Map Unit
� Other
Warning: Soil Map may not be valid at this scale.
-. Special
Spa
Special Line Features
Enlargement of maps beyond the scale of mapping can cause
�
misunderstanding of the detail of mapping and accuracy of soil line
U.�GullyBlowout
Short Sleep Slope
placement. The maps do not show the small areas of contrasting
®
Borrow Pit
Other
soils that could have been shown at a more detailed scale.
Clay Spot
.. ,.
Political Fealures
Please rely on the bar scale on each map sheet for accurate map
Closed Depression
0 Cities
measurements.
X
Gravel Pit
Water Feaarrss
Source of Map: Natural Resources Conservation Senriue
Gravelly Spot
- Streams and Canals
Web Soil Survey URL: http.,#websoilsurvey.nres.usda.gov
Coordinate System: UTM Zone 17N NAD83
Lindell
Tmt"p°rtsU°"
This product is generated from the USDA-NRCS certified data as of
A
Lava Flaw
*" Rails
the version date(s) listed below.
al,
Marsh or swamp
`s Interstate Highways
Soll Survey Area: Randolph County, Notch Carolina
R
Mine or Quarry
US Rautes
Sunray Area Data: Version 16, Jan 7, 2008
Miscellaneous water
Major Roads
Date(s) aerial Images were photographed: 617120D6
6p
Perennial Water
:,v Local Roads
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
v
Rock outcrop
imagery displayed on these maps. As a result, some minor shifting
of map unit boundaries may be evident.
+
Saline Spot
.
Sandy Slid
-6111-
Severely Eroded Spot
0
Sinkhole
Slkie or Siip
jw
Sodic Spot
a
Spoil Area
Q
Stony Spot
JSIA Natural Resources Web Soil Survey 112512012
Conservation Service National Cooperative Soil Survey Page 2 of 3

Soil Map -Randolph County, North Carolina
Map Unit Legend
Randolph County, North Carolina (NC161)
Map Unit Symbol
Map Unit Name
Acres In AOI
Percent of AOI
BBC
Badln-Tarsus complex, 8 to 15 percent slopes
1.1
1.3%
GeB2
Georgeville silty day loam, 2 to 8 percent slopes,
moderately eroded
45.3
52.3%
GeC2
Georgev lle silty day loam, 8 to 15 percent slopes,
moderately eroded
40.3
46.5%
Totals for Area of Interest
86.6
100.0%
Mm Natural Resources Web Soil Surrey W5/2012
Conservation Service NoOonal Cooperative Soil Survey Page 3 of 3

Operator: Buttke Dairy
Owner: Elmer Beeson
Conservation plan Map
Map Use: Nwrient Mnungcnrcrri
Rundntph, NC - SWCD
1 inch equals SOQ feet PwMfed Vnih 5MOMM sue.
F s - T - 2200
0 250 500 N RC S
Dntn Prevaned: 6/14C20D7_ Feet 41

�ua1a,�
a 00 100 200 300
west
0 200 400 ON 1,20n
Nahmai Resources
Conservation Service
Web Sail Survey
National Cooperative Sall Survey

Soil Map -Randolph County, North Carolina
Map Unit Legend
Randolph County, North Carolina {NCIGI)
Mtrp Unit Symbol
Map Unit Name
Ames In AOI
Percent of AOI
BBC
Badin-Tarrus complex, 6 to 15 percent slopes
1.1
1.3%
GeB2
Georgeville silty day loam, 2 to 8 percent slopes,
moderately eroded
45.3
52.3%
GeC2
villlily day loam, 8 to 15 peroentslopes,
Tmo:deratgefyeroded
40,3
46.59E
Tab& for Ar" of Interest
86.6
100.09E
Natural Resources Web Soil Survey 1126/2012
Conservation Service National Cooperative Soil Survey Page 3 of 3

Soil Map —Randolph County, North Carolina
MAP LEGEND
MAP INFORMATION
Area of InEsrtst (A01)
iz very stony spot
Map Scale: 1:6.260 if printed on A size (8.5" m 11") sheet
Area of Interest (AOI)
wet spot
The soil surveys that comprise your AOI were mapped at 1:24,000.
Solis
Soil Map` ft
��
y Other
Warning: Soil Map may not be valid at this scale.
SpapeclalPoint
Featutes
Special Line Festa►ros
Enlargement of maps beyond the scale of mapping can cause
Gully�
misunderstanding of the detail of mapping and accuracy of soil line
Blowout
Short Steep Slope
placement. The maps do not show the small areas of contrasting
®
Borrow Pit
soils that could have been shown at a more detailed scale.
.+ r Other
Clay Spot
PoRfical Features
Please rely on the bar scale on each map sheet for accurate map
Closed Depression
♦ Cities
measurements.
X
Gravel Pit
water FeaturesSource
of Map: Natural Resources Conservation Service
Web Soil Survey URL: httpJlwebsogsurvey.nres.usda.gov
Gravelly Spot
Streams and Cates
Coordinate System: UTM Zone 17N NADB3
Landfiil
Trar'sp°'tallon
This product is generated from the USDA -MRCS certified date as of
A,
Lass Flaw
+'++. Rails
the version date(s) listed below.
,11&
Marsh or swamp
+°�+4 IntarsWe Highways
Soil Survey Area: Randolph County, North Carolina
US Routes
Survey Area Data: Version 16, Jan 7, 2008
R
Mine or Quarry
Major Roads
Date(s) aerial Images were photographed: 617/2006
®
Miscellaneous Water
Perennial Water
f Local Roads
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
v
Reek Outcrop
Imagery displayed on these maps. As a result, some minor shifting
of trap unit boundaries may be evident.
+
Saline spot
..
Sandy Slot
3
Severely Eroded Spot
0
Sinkhole
Slide or Slip
jr
Sadic Spot
it
Spoil Area
a
Slay spot
'sDANatural Resources Web Soil survey 1125/2012
Conservation Service National Cooperative Soil Survey Page 2 of 3

December 7, 2011
Staff Member 2 (Patrick Mitchell): 3 hours of field time 4 $86.82
January 9, 2012
Staff Member 2 (Patrick Mitchell): 3.25 hours of field time and sampling/lab time = $94.05

DIVISION OF WATER QUALITY
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Arlin Buttke—Buttke DaiKy Enterprises
County: Randolph
Case Number: PC-2012-0002
Permit Number: AWC760012
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
The Regional Office is not aware of any documented harm.
2) The duration anti gravity of the violation;
Records and onsite observations indicate that two loads of manure were land -applied during a
precipitation event. Each load held 5,250 gallons of cattle waste containing 3.2 lbs. of nitrogen per 1000
gallons. At the time of our on -site visit, waste had already run-off and flowed 330 feet downhill towards
an unnamed tributary to Caraway Creek (Class C waters). Of particular concern is that the head slopes
(drainage features) and side slopes that had received animal waste, are mapped at 8 to 15% slope.
Had an APS staff member not just "happened to be in the area on an unrelated matter," it is the
WSRO conviction that waste would have continued to flow another 600 feet (approx.) to where
it would have discharged into surface waters.
3) The effect on ground or surface water quantity or quality or on air quality;
No effects confirmed.
4) The cost of rectifying the damage;
The facility had track -hoe equipment and an operator and was able to construct an earthen berm with
only the cost of the fuel.
5) The amount of money saved by noncompliance;
None.
6) Whether the violation was committed willfully or intentionally;
The Winston-Salem regional Office considers this violation to have been committed willfully AND
intentionally..DWQ.staff observed the slurry tank applying manure in the rain at 10:45 a.m. When we
arrived on site, the farm's rain gauge already contained 0.2 inches of rain. Local weather forecasts had
been predicting rain (with an 80-90% `chance) for the area several days prior to the application event in
question. The farm's onsite records document that it was partly cloudy the day prior and that the farm
received a total of 0.4 inches of rain on the date of application. -
Additionally, all three waste storage structures had at least three feet of volume prior overtopping or
discharging through a spillway. Additionally, there were no immediate threats to the integrity of
rev i.0 - 8.31.09

Jan 19 1207:30a
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7-
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N(MAUS Agronomic Division Phone: [phone] Web site: wwwJH=gr govJaVr AO usl•
---
- - _.
_ Report: W03946
Grow,
Buttke Dairy Enterprise-Wayne/Ari Copies Ia:
5796 Walker Mill Itd.
Randleman, NC 27317
~31{i±t
WasteAnalysisReport
Ft7m 76_12
Receivers: 12/18/2011
v Completed: 1212112011 Links to HQIP uII information
Randolph County
Sample Infonnstion
Lsbornt*y Retaulte (parts per million u6lea6 s►thcragsse noted)
Saeepl� IDt
N
P X Ca
Ng
S
Pa Afu Y i
Crr
B AIo
Q C
To&r1 644
97.4 870 303
W
460
6.57 z 14 2.50
0.76
0.74
�QNG
.
11V-N
Waste [bale:
-A9N4
Lm
-NO3
Na M Cd
Pb
Al
So 13 pH
SS
GN DAI%
taGIs35
335
7.4
Description:
ORN
Dairy L4 SluiryUrea
Recommendations,
Nutrknls A7 Adge for- First Croa
Iftilw2auens
Other Elements
76s 1000 10M
Appller uOn NeO"d
IV PXIa ". F-V Ga Ng 8. Idr
AN
Zn Cu
B AIa GI
Aw
Ni W.. Pis -
Ai Se ft
emarlust
23 -U 7.0. is 0.61 . 0..27 0.04
0.01
0.02 0.01
T
22
Cam*kd: 124 Vt011
limpid lafnrmaNbs
: isl6titratory;Result8 (marts Per millloa-ual#s A rgrlec note `
Sample ID.-
N
P I Ca
S
Fe Ain Hn
L}t
B Afa
CI C
Irslia! 312
59.9 585 226
87.6
27.0
7.45 1.12 W
0.52.
0.59,
9SL
Waste Cade:
-NR4
LW
NO3
No A7 Cd
fb
Al
Se Id P11
ST
G•N DAFA
GCL% ALS
104
7.04
Dmerlpftow
aR N
Dgyug.Shy
Ikea
RtcommrstsiaNa s'
Nutrknts Arailabli for First Crab_,
lbs tKM allmts
O1hCt Elements
lbs/i000 Adns..
,WAwIftw, led
N - .". "M5,- 1C20 - Gi Mg.. • - S Fa
Mn
7n - Cu
- S - AID_ a
Na
Ne - Cd Pb
N . , Se" 'Li
lS�neAcaSt
l,t - 0.80 . 4-7 13 Q51 0.16- 0.04 •
0.01
0.01 T
.T_
1.7

...... .. .. --
-------
Sampta ID.
iv
p Cu
PO
I'M
/it
Od
lf
do
d
-BSBV
qo4
103 827 375
143
5m
ME
2.31
196
t.09
0.73
IN-N
Wasilk? Code:
-NH4
LSD
-NO3
Na Ni a
Pb
At
Se
Ii
n
ss
CIS
DAM
CU% ALE
DU"Vkw
OR-N
318
7.29
L*, L451tvr1
Uw
limmmdo
Nutrients Awillable for First Crop
lacmemb
AWwNm Odbod
S 0205 )W
Co S P#
Mn
V?
CM
h(P
AW
AT
rd A
Al 6; m
Broadcast
r—a�is-%/ 1.4 6.6
2.2 0.84 033 0.08
0.01
0.02
0.01
T
2.7.
i®fo mafi0n
UkruMn Resells (pmib per milll=.unk=.othc*be iWO
&CRIP10 I D
N
p K ra
mg
s
FCF
At
1rt
(>9
a
ma
c
raw 11260
3802 3696 14741
3076
1504
1050
113
144
37.9
AS
DMw.
RRY
wage code.
-NH4
SSD
-M3
Na m rd
A
Al
so
if
ff
ss
C.s
DJf%
crz% ALE(tws)
1463
F
62-79
Dcs"Ibw
00-M
D*y SW= Smved
Urfa
jtecommmdxWns:*
Natrieub AvWtshlc For First Crop
A Man Oftf 695b)
other Ricamrits
W lmdy
AWcomw method
N P205 Kw:
rA mg S. Ff
Mn
25,
CH
B.
No
Ci
Na
A7
cd Pb
Al so li
4.5
U-1 13 1-t a79
0.09
Oaj
0.03
0.01
Is,
ia . m4AC 1146'rmMoui.
R . ligults per
N
n1ml" pates it Otc-
p z Ca
Af9
s
It
Mn
7A
ca
B
mo
61
&tmpk ML-
Ybid 9192
2103 7296 5429
1803
1222
354
144
153
1818
18.7
llv-N
Waste ode.
NH4
SSD
-M
Na NJ of
Pb
Al
SO
it
pH
ss
C.N
DMN
C= ALE(&=)
1652
50-79
Dacripfim
ORW
D"Sud—_S-pBd
uma
Nutrients Available for First Cro
16slton wet basic
Other Elements
WOW (wet basis
waikPamu"
IV P205 JDO-
to Mg S Aa
Mn
Z,.
ait
-B
mb'.
Cl
Na
M,:
W Pb
'A'
Braidag
3.8. 21 11.
3.3 1.1 -,:.0.7 4 - OM-
0.0 -
OA
A-01

IT
DMCB
271�4
4967 10331 -11999
3Z6 M2 I fl leA -A'k -my
Waste Cade:
-MU
SSD
Na N, (X
Pb Al so U PH SS G-N 11-41;6 (XZ'% Au --{Ions)
D—ripli—,
4124
437.79
Paig Surfam Sasped
firm
Recomff"&dqqs-
Nutrients Available for First Crop
ffislion foot Lq"
alher Elements - lbs/lon Lzel basis
Appr7arMan Melbod
y Pidi no
Ca Alg S Fe
Afn in Ca B AID a
Na jw Cd Pb Al Tf Ll
9.7 6.0 4.7
4-7 1.7 1.2 0.13
0.11 OAD OLO3 0.01
3.6
NorthCaTOhna
Reprogramming of the laboratory -information -management q9tarn that makes this report posilble Is being funded
r
Ar
through a grant from the North Carolina Tobacco Trust Fund Comrsilssion.
C
L I Pw A
Thank Vold far lisirlp agrotrumicstervices m Poinizage indriesits crud safegnurd environmental quality.
Steve Tr.),Aier, CompjiWioner of Agriailatre
Ca

Jon 19 12D7:35o
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FORM SLUR-2
Tract
a
Field Size(1NeltEd Acres)=(A
Farm Owner li"C
Qwnees Addrese. 5'T 9 6
a.nd
Owner's Phone 0
Slurry and Shidgo Applicatiait Field R(;c:ords
One Frym for Lach l=iold pes Crop Cycie
�LLL 5-1' 9M -
Field
F acilitf rVumhcr
Spreader Operate(
��_
N 4 �A U � i - -- - - -
and Address
1 l�19 a M G AtOo"1a t- AY-C t n!
Sophia, P4 C_A-],350 _
Operator's phom If
3 3 - LA C18 X-1 -
/' / From Animal Waste Management Plan
Crop Type �/ma-sc `r -L . y Remmmeoded PAN 16 Y ✓
Loading (1b/acre) W (B)
(1) - (2)_ (3) (4) (6) 16) R) (a)
""Nutrient
Sou=
Late
(mrrrlddlYr)
Number
of Load;
per Field
Volume of
oacf, Load`
(galons)
fetal Votimm
(gallons)
(2) x 0) .
V_ dume per AcrG
(gallonslacro)
(4) I (A)
Waste Anafysts
PAN"
(1bil w0 gal)
PAN applied
fiblacm)
(6) x (5)1 to40
nitrogen Balance—
obfacro)
13) - (71
Weather
Info,
sa ----
//��
Q-Ja
- r
_
.`
Vol)
G �0
t tab b
�5pI)
f L—�_
16
LY,�_
7. zi.
�l_�-�_
6.
r
^"
i I�)��
z1...._
yS
46S
I - - ll
r
Owners Signature^-_ Spreader Operator's Signature
Certified Operate: (print) lAf >�ii.4l i � Operator Certifl6tlon No.
Can be found in operatues manual for me s(urr.,ufsr. Cont;rd a leral dealer it y(nu•do not have your owner's manual.
See VnUf waste management plan far sampling frequency. At a rtminunum, waste analystS M requireri within hu days Uf land al)plicaMn events.
...Utter IM Yaiuo reCOVL'd by SnULSclrrlg Column (7) trnrn (Ls) Continue suotraniwj r-olurnn (?l from Column (B) following ear-M applicilinn event.
• 5,11ter nutrient snurce (ie t.ag(NNSWfle PrauS ID, cowmrrncal totgaer, Ury Lille(, rt(;) V I-01 ME%

G
ch
ri
0
N
FORM SLUR-2
Shirty and ,91wicie Appik-ahon F ielci Rccorcls
One'Form for Fa0i Field pet Crop Ofcic
t nct 1 CL
Fiekf Si=e(Wetlerl ACPP»5)-(A) 3 v� — --
Farm 0WI16r F -a&-�F
0Wner$AddrPSS 6196 WFILKER,
ar dle.nno ry , "I C
Owners Pholte tl 335 -.15'1 3
Caclillt; Nulnbrr
I �v 1 G.L --
Spreader Gperatur
- `4-J Aj:�
and Mire ;
1© `1 B (14'k -AOuv► t—AxE ts1
St,h, r-f")350
Operator's Phorte it
�( /From ,animal Waste Management Plan j
Crop Type 3' ry'!^t.r.�� �y�-1 V Reearnrnended PAN1 ;Z
Loading (lh/acre) = (B)
(t) (2) (3) (4) (5) (6) (7) {ti)
""Nutrient
Sourea
Vate
(mrnhltiryr)
Ntrrii er
of toads
per Feld
Vohrme of
each Load'
(gallons)
Totat Volulre
(galians)
M i P)
Volunte p^r Acrc
(gallonslecre)
(4)1 (A)
Waste Malys",
PAN"
(Ib11000 gal)
� �— _
PAID Applied
Waorc)
(6) x (6)1 10M
--17 - 7�
.� j-
Nitrogen Balanco'••
(lhlacre)
(B) - (7)
Wealhrr
Info-
- B_
_iG 11
-
cl
�v �l o
6o 0
� � �
r d
6 a�
�Y
91. ��
s
l -11
13. -
_a
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6 �'qq
X t 15 _
S
i—L�
�).
PL
LC)5
.�-� II
I
DEG
16 oar
&,45
12-L�_(f
2-S-o
' A00
ZqN�
w
�I
r
iC
rop Cycle total
r —
C?wrlers Siyrlature Spreader Operators Signature �� �.--
Geriifred Operator (print) �,tj P Operator Gertificdlion Nu -
Can be- found in operatof's manual for tie s}treader- CpntaCi a Ip1.-at deate r if ytMu.[in n6l have your owner's manual.
'• Sue ynur waste rnanaUement plan fa sampling frequency. At a mkwrtum, waste analysis is F equired within 60 days of land app(itation evenLs.
..-Tilkel the value a ceived by snbktact-mg column (7) frnm (131 Cnntv,ue suotmctiny coLrrnn (?) frflm column (8) IcAlowmg each application event.
"•I=n1P.r nntIIC11t SUUIE'.0 (IC La�CiocV$tnranr; ponq IC). commr:llcal felliluer- rir+rlitter.
etr:.)
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